Division of Property in Divorce
In Georgia, we divide marital property and debts equitably. Marital property is anything acquired during the marriage unless it was a gift or an inheritance. The question of what is equitable is up to the divorcing parties to agree to or for a court to decide after hearing all of the relevant evidence.
In most long term marriages, almost all if not all of the assets and debts will be marital. As I stated before, anything acquired during the marriage is marital and subject to division, no matter whose name is on the asset or debt. For example, if you have a credit card in your name only, the debt on that card is marital. If you have a car titled in just your name, that car is marital if it was purchased during the marriage unless it was purchased with money you had in a separate account before the marriage or received as a gift or inherited and kept in a separate account.
Marital property will be divided equitably in a Divorce, meaning fairly. But, the court's definition of fair and yours might not be the same. The court will view both you and your spouse as a marital unit and will believe that anything acquired by that marital unit belongs to both of you equally. So, the starting position for equitable division is that both parties will receive half of all the assets and debts. Then, the court can decide based on certain facts or the conduct of the parties if 50/50 is actually fair. However, saying I earned most of the money, is not going to be a good argument for receiving more in the division.
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