Division of Property

Each state has its own rules regarding the division of property in a divorce. Georgia follows the equitable distribution model, which is related both to the division of property and debts. Typically, only the marital property (acquired by the spouses during the marriage) is subject to division. Therefore, it is essential to determine which property is marital and which is separate. After that, the court appoints the value of each property so that it is convenient to divide it in monetary equivalent. All the property shall be divided between the spouses fairly, but not necessarily equally.

In determining what would be equitable division in a particular divorce case, the court considers several factors, including:

• The age and health condition of the spouses
• The financial circumstances and earning potential of the spouses
• Separate property of each party
• Each party's contribution to the acquisition and increase of marital property, as well as to the education, training, etc. of the other spouse
• Financial needs and liabilities of the spouses
• Any agreements between the parties
• Any other factors the court may consider relevant