What’s Marital and What’s Separate? Atlanta Family Lawyer Clarifies Property Division

When going through a divorce, one of the most contentious issues that couples often face is the division of property. In Georgia, as in many other states, property is categorized into two main types: marital property and separate property. Understanding the distinction between these two types of property is crucial in determining how assets will be divided during a divorce. An Atlanta family lawyer can provide valuable guidance and legal expertise to help navigate the complexities of property division.

Marital property is generally defined as any property acquired during the marriage, regardless of whose name is on the title. This can include assets such as the family home, cars, bank accounts, retirement accounts, and even debts incurred during the marriage. On the other hand, separate property is typically considered to be any property that was acquired before the marriage, inherited by one spouse, or received as a gift during the marriage. It is important to note that separate property can become marital property if it is commingled with marital assets or used for the benefit of the marriage.

Several factors can influence how property is divided during a divorce in Georgia. The court will consider the length of the marriage, each spouse’s financial contributions to the marriage, the earning potential of each spouse, and the needs of any children involved. Additionally, the court will also take into account any misconduct or fault on the part of either spouse, such as adultery or domestic violence. Ultimately, the goal of property division in a divorce is to achieve a fair and equitable distribution of assets based on the specific circumstances of the case.

There are several common misconceptions about marital and separate property that can complicate the property division process. For example, many people believe that if a property is titled in one spouse’s name, it automatically belongs to that spouse. However, in Georgia, the court will consider all assets acquired during the marriage to be marital property, regardless of how they are titled. Another misconception is that separate property is always off-limits during a divorce. While separate property is generally not subject to division, it can become marital property under certain circumstances.

Navigating the complexities of property division in a divorce can be challenging, which is why it is essential to seek the guidance of an experienced Atlanta family lawyer. A skilled attorney can help you understand your rights and obligations under Georgia’s property division laws, negotiate on your behalf with your spouse or their attorney, and represent you in court if necessary. By working with a knowledgeable legal professional, you can ensure that your interests are protected and that you receive a fair and equitable distribution of assets during your divorce. Don’t hesitate to reach out to an Atlanta family lawyer for assistance with your property division case.

Written by Atlanta Divorce Law Group