Equitable Division/Property Division

Georgia is known as an “equitable division” state, and is not a community property state. This means that Georgia requires an equitable division or a “fair” division. The marital estate includes, but is not limited to, marital assets such as banking accounts, real property, vehicles, businesses, retirement accounts, investment accounts, debts, furniture, furnishings, and household items. Unless the parties have executed a pre-nuptial or post-nuptial agreement, Georgia law provides that anything incurred from the date of the marriage forward is considered marital property subject to division. The fact that an asset might be titled in only one person’s name has little to do with the final determination of how that asset should be equitably divided. To discuss your rights during your divorce, call the office to schedule a consultation with Emily Yu.