Helping You Achieve The Goals You Envision For Your Family
If you are facing a Georgia divorce and you own a business with your spouse (or if your spouse owns a business), be prepared for some complicated, unique issues. The attorneys at Bivek Brubaker & Prescott have handled many complex divorces involving closely-held family businesses where both spouses worked in the company or were involved in the venture in some way. We…
Retirement Benefits Dividing retirement benefits in a Georgia divorce can be complicated. There are many different types of retirement accounts, including an Individual Retirement Account (IRA), 401(k), pension, Thrift Savings Plan (TSP), 403(b), and annuities. Each type of retirement account is different when it comes to figuring out if it can be divided equitably in a divorce. It’s also important…
How is property divided in a divorce in Georgia? In a Georgia divorce, if the parties proceed to trial, a judge must fairly divide the marital property in a process known as equitable division, unless the parties decide to take the issue to a jury. Marital property includes the property acquired during the marriage. Although title to the property is…
How is debt divided in a Georgia divorce? According to Georgia law, all debts that happened during the marriage will be equitably, or fairly, divided. However, equitably doesn’t always mean equally. DOES TITLE MATTER? The title does not matter. For example, if your spouse has major credit card debt in their name alone, these debts can still be judged as…
Dividing retirement benefits in a divorce is a tricky and complex process. The first thing to do is to determine whether the retirement plan is qualified or non-qualified. QUALIFIED VS. NON-QUALIFIED PLANS Qualified Plan A qualified retirement plan meets certain requirements in order to receive tax benefits not available to other types of plans. These plans may be structured so…