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Dividing a home, retirement savings or a business you built together can feel like dividing your future. Our Atlanta property division attorneys at Modern Family Law help you identify, value and divide property and debt in a Georgia divorce. We explain how property division works before you make decisions you can't undo, and your first consultation is free.
Georgia is an equitable division state, not a community property state. That means marital property is divided fairly, which isn't always 50/50.
Atlanta divorces often include a home, retirement accounts, stock awards or a business. Our property division attorneys help you see the full picture 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 and debts acquired during the marriage, no matter whose name is on the title.
Separate property usually includes what you owned before the marriage and gifts or inheritances you received during it. If separate property grew because of marital money or effort, part of that growth may be marital.
A judge, or a jury if either spouse asks for one, decides what's fair based on the facts of your marriage. Many Atlanta couples reach their own agreement instead.
List what you own and owe with our Georgia assets and debts calculator.
Property is divided as part of your divorce or separate maintenance case, usually in Fulton County Superior Court at 136 Pryor Street SW, or in DeKalb County Superior Court if your spouse lives there. Spouses can divide property themselves in a settlement agreement that the court approves.
Both spouses share financial information early in the case. Fulton County's standing order also sets rules for both spouses while the case is open, so read it before moving money or selling assets.
Some assets need extra care to divide fairly.
Many Atlanta professionals receive stock options, restricted stock units or deferred bonuses. Some of these are earned partly during the marriage, so the marital share has to be worked out before they can be divided.
401(k) plans and pensions can usually be divided with a qualified domestic relations order (QDRO). A family business may need a professional valuation, and the court can award it to one spouse while balancing the division with other assets.
You can sell the home and split the proceeds, or one spouse can keep it and buy out the other, often by refinancing. Debts taken on during the marriage are divided too, but lenders can still collect from anyone named on the account.
Our Atlanta property division attorneys will help you see the full picture of your finances and plan your next steps. Request a free consultation today.
At Modern Family Law, we help you understand your finances before you make decisions you can't undo. We work with appraisers and financial experts when the numbers are complex.
Frequently asked questions
No. Georgia is an equitable division state. Marital property is divided fairly, which may or may not mean equally.
Usually. Property owned before marriage is generally separate, but growth caused by marital money or effort may be divided.
The part earned during the marriage is usually marital. A 401(k) or pension is often divided with a qualified domestic relations order (QDRO).
The marital share is worked out based on when the options were granted and when they vest. That share can then be divided or offset with other assets.
There's no automatic rule. The home may be sold, or one spouse may keep it and buy out the other.
No. The same Georgia property rules apply in every county. What matters is when the home was bought and how it was paid for.
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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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