When considering the division of marital property during the divorce process, a court will employ an equitable division of property analysis.

The state of Georgia is an equitable division state, meaning that the court will divide marital property based on what the court determines to be a fair division of property–not what is equal.

Equitable division of marital property may or may not be an equal division of property, and this is a matter for the fact-finder to determine. Bloomfield v. Bloomfield, 282 Ga. 108, 108 (2007). Relevant factors are the duration of the marriage; any prior marriage of either party; the age, health, occupation, and vocational skills and employability of each party; the contribution or services of each spouse to the family unit; the amount and sources of income; the estate, debts, liabilities, and needs of the parties, as well as debts against the property; and the opportunity of each party for future acquisition of assets by employment or otherwise.  Id. at 108-112; Wood v. Wood, 283 Ga. 8, 10-11 (2008).

Furthermore, the conduct of the parties, both during the marriage and with reference to the cause of the divorce, is relevant and may be considered in the determination of an equitable division of marital property.  Peters v. Peters, 248 Ga. 490, 491 (1981); Bloomfield, 282 Ga. at 111; Wood, 283 Ga. at 11.

Navigating the divorce process can be quite daunting, but The Sellers Law Firm, LLC, has years of experience helping clients during this difficult time.

Whether you’re going through a divorce or you just have a few questions, give us a call today at 770-415-9848 at The Sellers Law Firm, LLC: where clients become family.

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