Considerations on property division during divorce

Jeff Landers, a contributing writer to Forbes magazine who frequently focuses upon financially complex divorces from a woman’s perspective, has a few points to pass along concerning a divorce-related aspect that often takes center stage.

Namely, that is property division. In some dissolutions, the division of assets is truly no big deal and far from being a sticking point that produces material acrimony and distrust during divorce proceedings.

In other instances, seemingly everything is about who gets what, in what quantity and why.

In such cases, that doesn’t necessarily mean that things have become hot and contested. Rather, some divorces simply feature assets that are diverse and complex. Property can include stocks, retirement vehicles and pensions, one or more homes, various vehicles, jewelry, an art collection, inheritances and more.

Further, it can be muddied somewhat by less than clear distinctions between what is marital property — assets obtained during a marriage and considered to be owned by both spouses — and what serves as an exception, such as personal gifts to one of the spouses.

In Georgia, where the law mandates an equitable distribution of assets (which is not necessarily a 50/50 split), an experienced divorce attorney can help a client focus on relevant property division factors, such as marital duration, any assets owned separately, future financial needs, earning potential, and whether a marital contract –that is, a premarital agreement or postmarital contract — exists.

Landers strongly recommends a proven divorce team to render advice and handle the legal aspects of property division.

He also says that, for many couples, marital contracts are highly advised, noting that “the best offense is a good defense.”

And he advises any divorcing person with asset-related concerns to “think financially, not emotionally,” while conceding how hard that can sometimes be.

Source: Forbes, “How to handle difficult-to-divide assets,” Jeff Landers, Sept. 18, 2012

How The Siemon Law Firm Can Help

Contact our Georgia Family Law Firm by calling 770-888-5120 or by completing this contact form.

An attorney will respond within 24 business hours.

    Fields marked with an * are required

    I Have Read The Disclaimer *

    Our Office Locations

    Map of office locations

    Cumming, Georgia

    347 Dahlonega St #100,
    Cumming, GA 30040 770-888-5120 Cumming Law Office Map

    Marietta, Georgia

    1850 Parkway Pl Suite 715,
    Marietta, GA 30067 770-888-5312 Marietta Law Office Map

    Alpharetta, Georgia

    4555 Mansell Rd,
    Alpharetta, GA 30022
    770-888-5093 Alpharetta Law Office Map

    Atlanta, Georgia

    3400 Peachtree Rd NE Suite 555,
    Atlanta, GA 30326 770-888-5078 Atlanta Law Office Map