Factors for Equitable Distribution in Georgia

When determining what might be an equitable division of property in Georgia, family courts consider various factors. If you’re serious about pursuing positive results during property division in Atlanta, you should familiarize yourself with these factors. It may be possible to create effective strategies around these factors, allowing you to walk away with more wealth after your divorce. So what factors do family courts consider during equitable distribution in Georgia? Here are a few of the most important factors to keep in mind:

Contributions and Waste 

One of the most important things family courts consider is whether either spouse contributed to the value of marital property. For example, you might have renovated the bathroom in your family home. If you didn’t hire any contractors to do this work, you might have improved the value of your home through “sweat equity.” Family courts consider various “DIY renovations” during property division, including landscaping or gardening work. Of course, you must prove that you were responsible for these improvements, which isn’t always easy.

This also applies to other contributions, such as the services provided by a stay-at-home parent or homemaker. Georgia courts consider these contributions in the same way as a full-time job. They also recognize that a homemaker’s contributions may have allowed a working spouse to achieve financial success in their career.

On the other hand, family courts also consider whether either spouse dissipated or “wasted” marital property. Examples include gambling, substance abuse, funding illicit affairs, property destruction, and much more. If you damaged, lost, or wasted any marital property, you might receive less of the remaining property as a result.

Standards of Living 

Family courts also consider the standard of living you might have enjoyed during the marriage when determining an equitable division of property. If you are emerging from a high-net-worth marriage, the court may attempt to help you maintain your standard of living through property division. However, a high income and a high net worth do not necessarily lead to a high standard of living – as many families are quite frugal.

The Length of the Marriage 

Family courts may consider the length of the marriage when approaching property division.  Marriages that last many decades typically lead to higher property division settlements. This is because spouses who have been married for many decades are generally close to retirement. Many of these so-called “gray divorces” occur between spouses who are already retired. Retirement planning often plays an important role in property division, and the courts often try to prevent elderly individuals from becoming destitute.

Can an Atlanta Divorce Lawyer Help Me With Equitable Distribution? 

An Atlanta divorce lawyer may be able to help you with various aspects of the equitable distribution process. Online research can help you become familiar with the various factors family courts consider during this process, but your strategy should be personalized to meet your unique needs and goals. Discuss your specific circumstances with Buckhead Family Law – and get started with an action plan today.

Sources:

 theamm.org/marriage-laws/georgia/442

fultoncountyga.gov/commissioners/clerk-to-the-commission/code-of-georgia