The assets you accumulated as a couple during your marriage, the investments you made and the debts accrued must be divided when it’s time to part ways. How this will play out depends on various factors, such as whether you have an valid prenuptial or postnuptial agreement or whether you can mutually agree on how to divide the marital estate between yourselves.
If it’s up to a judge to decide, the state laws will determine how the division will proceed. Georgia follows an equitable division approach. It means the divorcing couple may not end up with equal portions of the marital estate when all is said and done. Here is what you need to know.
Equitable division explained
Equitable distribution focuses on a just and fair division, but not necessarily an equal one. For instance, your spouse is likely to end up with a bigger portion of the marital property if you are independently financially better off than them or if they are less able to support themselves.
The conduct of both spouses during the marriage and divorce may also shape the property division process and outcome. Misappropriation of marital assets, adultery and domestic violence are some of the actions the court may consider when apportioning marital property and debt during divorce proceedings.
Protect your interests during a divorce
The stakes are high when dividing the marital estate, given that the outcome of this process will likely affect your life for years to come. In addition, many things could go wrong, such as one spouse hiding assets or making transfers of marital assets in bad faith in an attempt to deny you your rightful share. Therefore, it helps to have experienced legal representation to protect your rights and interests during this critical phase of your divorce.