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As discussed in our original post entitled The Four Parts of Georgia Divorce, Georgia is an equitable distribution state. This means that upon divorce, a couple's marital property is not divided equally or 50/50, but marital property is divided equitably or fairly upon divorce.
Marital property is defined as those assets acquired during the marriage, like real estate, stocks and bonds, cars, income, and some insurance policies.
7 Tips for Creating a Divorce Settlement Agreement#1. Start with the Basics.#2. Include the Details.#3. Confirm Your Agreement.#4. Identify and Divide Assets and Debts.#5. Create a Parenting Plan for Custody and Visitation.#6. Agree on Child Support and Spousal Support (Alimony)#7. Polishing Your Agreement.Conclusion.
During divorce in Georgia, separate property is typically retained its original owner. Marital property, on the other hand, is subject to division according to the principle of equitable distribution. This means that the property is divided between the spouses according to what is equitable, or fair.
Under Georgia divorce laws, marital property is not necessarily split 50/50. Marital property is subject to equitable division. That is, each marital property will be divided equitably and fairly. The trial court has broad discretion in determining the equitable division of marital assets.