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Dividing a home, retirement savings or a business you built together can feel like dividing your future. Our Alpharetta property division attorneys at Modern Family Law help you identify, value and divide property and debt in a Georgia divorce, including high-asset estates. We explain property division rules before you commit to a settlement, and your first consultation is free.
Georgia uses equitable division. Marital property is split fairly, which doesn't always mean evenly.
Alpharetta divorces often include stock awards, retirement accounts, a business or more than one home. We help you understand what each asset is really worth before you negotiate.
Schedule a Free ConsultationThe court sorts each asset and debt, values it and then divides it.
Marital property usually includes income, homes, vehicles, retirement contributions, equity earned during the marriage and marital debts, no matter whose name is on them.
Property owned before the marriage and gifts or inheritances received during it are usually separate. Growth caused by marital money or effort, such as reinvested earnings in a premarital business, may be divided.
A judge, or a jury if either spouse asks, decides what's fair. Many couples settle instead.
Build a list of what you own and owe with our Georgia asset and debt calculator.
In a North Fulton divorce, property is divided in the divorce or separate maintenance case, usually in Fulton County Superior Court, or in Forsyth County Superior Court if your spouse lives there. Many couples divide property in a written settlement agreement that the judge approves.
Expect to share full financial records early, including brokerage, equity plan and business statements. Fulton County's standing order bars selling or otherwise disposing of property outside the ordinary course of business while the case is open, so talk with your attorney before you sell shares or make large transfers.
Some assets need extra care to divide fairly.
Technology and corporate employers in Alpharetta often pay in equity. Unvested awards may be partly marital, depending on when they were granted and what they reward. The marital share is worked out first, then divided or offset with other assets.
A business may need a professional valuation. The court can award it to one spouse and balance the division with other assets, and good planning protects the business from disruption during the case.
401(k) plans and pensions can usually be divided with a qualified domestic relations order (QDRO). The home can be sold or one spouse can buy out the other. Marital debts are divided too, but lenders can still collect from anyone on the account.
Our Alpharetta property division attorneys will help you see the full picture and plan your next steps. Request a free property consultation today.
At Modern Family Law, we help you understand your finances before you make decisions you can't undo. We work with valuation and financial experts in complex cases.
Frequently asked questions
A valuation expert usually looks at the business's income, assets and comparable sales. Spouses can share one neutral expert or each hire their own.
The marital share is worked out based on when the awards were granted and when they vest. That share can then be divided or offset with other assets.
Usually the business itself is separate, but growth caused by marital money or effort may be divided.
A bonus earned for work done during the marriage can be marital property, even if it's paid after you separate. The award's terms and timing matter.
There's no automatic rule. Many couples get an appraisal first, then sell the home or have one spouse buy out the other's share.
The decree assigns each debt, but lenders can still collect from anyone whose name is on the account.
Our Calculators
We’re not fans of surprises and we suspect you aren’t either. We built these divorce calculators just for you, so you know what to expect every step of the way.
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