Frequently Asked Questions

1. How is property divided in a Georgia divorce?
Georgia is an equitable distribution state, which means property isn’t always split 50/50. Instead, the court divides assets in a way that it considers fair. That can depend on factors like each spouse’s income, financial needs, and contributions to the marriage.

2. What’s considered marital property in Georgia?
Marital property generally includes assets acquired by either spouse during the marriage—such as homes, vehicles, retirement accounts, and income. Separate property (like gifts, inheritances, or anything owned before marriage) usually stays with the original owner.

3. Can my spouse get part of my retirement or pension?
Yes. In Georgia, retirement accounts and pensions earned during the marriage are usually considered marital property. They can be divided in a divorce, often using a legal tool called a QDRO (Qualified Domestic Relations Order).

4. What happens if one spouse was the primary breadwinner?
The court takes many factors into account when dividing property, including each spouse’s income and future earning capacity. If one spouse stayed home to raise children or support the other’s career, the court may adjust the asset division to reflect those contributions.

5. Can we decide how to split our assets without going to court?
Absolutely. If both spouses can agree, you can create a marital settlement agreement that outlines how your property will be divided. Gina Smalley can help you negotiate and draft an agreement that protects your interests while avoiding unnecessary courtroom battles.

6. Will the court consider cheating or bad behavior when dividing property?
Georgia is a no-fault divorce state, but in some cases, a spouse’s conduct—such as infidelity or financial misconduct—can affect the division of assets. If one spouse wasted or hid assets, the court might adjust the distribution accordingly.