When you receive a divorce, Georgia law provides that you are entitled to an equitable share of all marital property. In seeking to equitably divide marital property, the court takes a three step approach. First, the court determines what property is marital and what property is non-marital. Second, the court determines the value of the marital property. Third, the equitably court divides the marital property between the spouses, without regard to which spouse held title to the property.
Keep in mind that equitable division does not mean equal division. Unless an agreement is reached determining how the marital property will be divided, the court will divide the marital property based upon principles of fairness and equity.
In dividing the marital property, the court will consider many factors, including:
The court may also consider any other factors that may show division of marital property to one spouse or the other is fair.
Marital versus Non-Marital Property
While there are exceptions, the general rule is that non-marital property consists of property acquired prior to the marriage, or property received by one of the parties by gift/inheritance. Gifts given from one spouse to the other, however, are considered marital property. Non-marital property remains with the party who received it, and will not be equitably divided by the court.
Your property may also be awarded to your spouse as alimony, if an alimony award is appropriate. Learn more about alimony here.