In the state of George what is a spouse typically entitled to?

State law determines what each spouse is entitled to in a divorce.  Georgia adheres to the doctrine of equitable distribution.  Equitable distribution means that the assets (and liabilities) of a couple will be distributed in a manner which the court deems to be fair.  The doctrine of equitable distribution does not require that the assets and liabilities be divided equally. 

Under Georgia law, all marital property is subject to equitable distribution.  Marital property generally includes any property acquired by a couple after the marriage, including income from employment.  Property acquired after marriage via inheritance or as a gift from a third party is not considered marital property.  Moreover, property acquired prior to marriage is not considered marital property.  However, under some circumstances, non-marital property may be converted to marital property by the actions of the parties or by agreement of the parties. 

There are a number of factors which a Georgia court will consider in making an equitable distribution.  These factors include: 

• The length of the marriage;
• The monetary and non-monetary contribution of each spouse to the marriage;
• The value of all property interests of each spouse;
• The financial circumstances of each spouse;
• The factors which led to the divorce;
• The age and physical and mental health of each spouse;
• The circumstances surrounding the acquisition of the property in question;
• To whom the family home and other  real or personal property has been awarded;
• Whether an award of alimony has been made; and
• Any other factors which the court may deem relevant. 

If you have questions about equitable distribution or any other divorce issues, you should contact a Georgia divorce attorney.  A divorce attorney will evaluate your case and advise you of your legal options and possible outcomes to your case.