Division of Marital Assets

Asset Division Lawyer in Stockbridge, GA

Dividing assets during a divorce is one of the most important steps in protecting your financial future. In Georgia, marital asset division isn’t always as straightforward as it seems. Whether you're dealing with a shared home, retirement accounts, or family-owned businesses, how those assets are divided can have long-term consequences. At South Atlanta Family Law, we help clients move through this process with purpose, clarity, and a plan that puts their best interests first. Contact us today to schedule a consultation with a knowledgeable marital asset division lawyer in Stockbridge, GA by filling out our form or call us at 404-494-0027.

Understanding Asset Division in Georgia

Georgia is an equitable distribution state. This means that marital assets and debts will be split according to what is equitable, fair, and just to both parties. There are many factors that impact the determination. Speaking with an attorney when facing divorce is essential to protecting your rights and interests. The first step in any asset division case is identifying what qualifies as marital property and what is considered separate property. Marital property includes most assets and debts acquired during the marriage—real estate, vehicles, savings, investments, retirement plans, and more. Separate property may include anything owned before the marriage or received as an individual gift or inheritance.

Dividing a Marital Estate in Georgia

Whether a couple addresses the issue of dividing the marital estate outside of court or litigates the matter, marital assets must be identified. Deciphering between marital assets and separate property, can be a very complicated matter.

Generally, marital assets are those acquired during the marriage or before marriage but transferred to include the other spouse's name on the title to ownership. Separate property can include assets acquired before the marriage and solely kept in the owner’s name. It can also include some assets acquired during the marriage, including inheritance, gifts, and other items. In some cases, there may be a need for a forensic investigation when one party is suspected of concealing assets or income. This can include when one party owns a business or there is evidence of assets being hidden overseas or through other means.

It is important to have an attorney throughout this process to ensure that full financial disclosure is provided.

Factors That Can Impact an Equitable Distribution Case

If the issue of dividing assets is litigated, there are numerous factors the court will consider when deciding on the matter. All matters regarding property distribution are discretionary, but the court will normally consider factors like:

• The financial situation of each party
• Separate property of either spouse
• Evidence of economic misconduct
• The future needs of each spouse
• The tax implications of splitting marital assets in certain ways

Fault and the Division of the Marital Estate

It is important to note that, because Georgia is an equitable distribution state, the Court could consider fault when dividing marital assets. Factors like adultery could impact a decision if the spouse has utilized marital assets in furthering the affair or provided lavish gifts to the paramour.

Economic fault is another factor that can impact a divorce case. If one party was to willfully dissipate assets or become unemployed in response to a divorce, the Court could divide the assets in such a way so as to account for that aggression.

Speak With a Marital Asset Division Attorney in Stockbridge, GA

If you are getting divorced, the division of marital assets will most likely be an issue you need to resolve. While some can set aside their differences and work out this issue without litigation, others are not so lucky. Whatever the case may be, having an experienced asset division lawyer to help protect your rights and interests is best. Schedule a consultation by filling out our form or call us at 404-494-0027.

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