Georgia uses equitable division. This means marital assets and debts are divided fairly based on the circumstances, but not necessarily equally. A court, or a jury when applicable, first determines what is marital property and what is separate property before dividing the marital estate.

Georgia does not use a fixed formula for property division. Spouses may agree on how to divide their property and submit a settlement agreement to the court. If they cannot agree, a judge, or a jury when applicable, decides how to divide the marital estate fairly.

No. Georgia is not a community property state, and courts are not required to divide marital property 50/50. An equal division is possible, but one spouse may receive a larger share based on the facts of the marriage.

A calculator may use an equal split as a starting point, but that does not mean a Georgia court would order the same result.

Georgia does not use a fixed formula or statutory checklist. The judge or jury may consider all relevant circumstances, including the following factors from Georgia Supreme Court’s decision in Wright v. Wright:

• Each spouse’s financial and nonfinancial contributions to acquiring and maintaining the property
• Contributions as a homemaker or caregiver
• The source of the money used to acquire, improve, or pay down an asset
• The spouses’ purpose and intentions regarding ownership
• Each spouse’s separate property and overall financial circumstances
• Any waste, concealment, or improper transfer of marital property
• Other evidence relevant to a fair division

Because these factors cannot be reduced to one calculation, the calculator should be used to compare possible divisions, not predict a court order.

Marital property generally includes assets acquired through either spouse’s work or investments during the marriage. This may include home equity, savings, retirement benefits, vehicles, investments, and business interests. An asset may be marital even if only one spouse’s name appears on the title or account.

Separate property usually includes property owned before marriage and individual gifts or inheritances received from someone other than a spouse. However, separate property can develop a marital portion when funds are mixed or marital money or work increases its value. Georgia law generally protects separate property under O.C.G.A. § 19-3-9.

A house owned before marriage may be partly separate and partly marital. Georgia’s source-of-funds rule looks at how the home was acquired and how separate and marital money contributed to its equity.

Mortgage principal paid with marital funds can create a marital share of the home’s equity. Improvements or either spouse’s work may also affect whether part of an increase in value is marital. Refinancing or title changes can matter, but they do not automatically make the entire home marital. Learn more about property owned before marriage and who may keep the house in a divorce.

The portion of a retirement account earned or funded during the marriage may be marital property, even if the account is in only one spouse’s name. Contributions or benefits earned before marriage may remain separate if they can be identified and supported with records.

Some employer-sponsored plans require a qualified domestic relations order, or QDRO, before benefits can be paid to a former spouse. The U.S. Department of Labor’s QDRO guide explains the federal requirements for many private retirement plans.

Georgia courts may divide marital debts as part of the overall property award. The court can consider when the debt was incurred, why it was incurred, who benefited from it, which asset secures it, and each spouse’s financial position.

A divorce order does not change a loan or credit agreement. If both spouses signed for a mortgage, credit card, or other debt, the creditor may still pursue either person unless the debt is paid, refinanced, or the creditor releases that borrower.

The estimate is only as accurate as the values and balances you enter. The calculator can help you inventory property, subtract attached debts, and compare possible divisions. It cannot classify property, trace mixed funds, value a business or pension, calculate tax consequences, or apply every factor a Georgia court may consider.

Use the result as a starting point before a consultation or settlement discussion. Bring recent account statements, mortgage and loan balances, retirement records, deeds, titles, tax returns, and documents showing property you owned before marriage or received by gift or inheritance.

Georgia Courts lists a Domestic Relations Financial Affidavit among the documents commonly used in a divorce. Forms and filing requirements may vary by county.