We Kept Our Finances Separate During Marriage: How Does This Affect Collaborative Divorce in Atlanta?

According to a 2025 article by CNBC, over 60 percent of American couples keep finances separate. Perhaps you had a joint account with your ex while also keeping some money aside in an account solely under your name. Maybe you and your ex were both working professionals with separate income streams, investments, and assets. How exactly do you approach this situation during a collaborative divorce in Atlanta?

Do You Have a Prenuptial Agreement?

Couples who prioritize their own financial independence often create prenuptial agreements. These agreements can clearly define what belongs to each spouse throughout marriage and after divorce. If you have one of these agreements in place, there may be no need to worry about what will happen during divorce. You simply need to refer to the “instructions” of your prenup to determine “who gets what.”

Collaborative Divorce Allows You to Keep Your Separate Assets

Under normal divorce law in Georgia, the “equitable distribution” system groups all assets into two different categories: Marital property and separate property. Even if you maintained a separate account during the marriage, the contents of that account could be marital. In other words, you may have to divide those assets with your ex during the divorce.

As long as you accumulated the assets during marriage, they are “marital” and therefore belong to both spouses. This includes your income, investments, collectibles, and anything else you acquired during the marriage. Although this might not seem fair, Georgia family law is quite clear on the subject. Only third-party gifts and inheritance remain “separate” if you receive them during marriage.

During the collaborative divorce process, you and your ex can completely disregard these rules. If you each want to keep your own separate financial accounts without dividing anything, you can agree to do just that. This could be particularly attractive for professional, working spouses who have their own investments, passive income, collectibles, and other assets that they feel strongly about.

Of course, the situation could be a little more complex if one spouse’s separate finances are worth significantly more than those of the other spouse. In this situation, the spouse with fewer assets might feel that they have a right to receive a share of the marital property. If this is the case, the wealthier spouse may need to consider asset trades or a “buyout” to help achieve a sense of fairness. This does not necessarily need to result in a 50/50 split, and many spouses are relatively understanding during amicable splits.

Can an Atlanta Collaborative Divorce Lawyer Help Me?

Although resolving separate accounts can be challenging for divorcing spouses, the flexibility of collaborative law in Atlanta gives you plenty of options. If you both want to keep hold of your separate assets, you can easily agree on a suitable arrangement during private negotiations. Learn more about the potential next steps by contacting the Atlanta collaborative lawyers at Buckhead Family Law at 404-390-0000.

Source: 

cnbc.com/2025/01/27/62percent-of-couples-keep-at-least-some-money-separate-from-each-other-survey.html