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Property Division

Last updated on March 28, 2025

In addition to the emotional challenges of divorce, couples must also determine how to divide their marital property and debts. In the state of Georgia, couples facing a divorce must adhere to the principles of equitable division, which means that the property must be divided fairly but not necessarily equally.

Georgia Divorces: Dividing Marital Property Fairly

The family law attorneys at the law firm of Bivek Brubaker & Prescott LLC can help you and your spouse determine the best way to divide marital property, including debts that may have been accrued over the course of the marriage. Property that is not subject to division during a divorce often includes:

  • Earnings on individual property
  • Increase in value of individual property
  • Items that were purchased or exchanged for individual property

Anything outside of this purview, including items purchased together during the marriage, is open to fair (but not necessarily equal) property division. Georgia courts will take the following factors into account when deciding how marital property should be divided:

  • Each spouse’s role in the household, is that of a parent, wage earner or homemaker.
  • Each spouse’s earning potential and contribution during the marriage.
  • Living arrangements for the children.
  • Each spouse’s ability to gain future income and assets.
  • Length of the marriage.

In cases where both spouses have financially contributed to a particular asset, Georgia divorce law follows something called the “source of funds” rule. This means that, in the case of divorce, the property is divided proportionally to the amount that each spouse contributed during the marriage. As you can imagine, these types of cases can be incredibly complex and often require the legal guidance of an experienced divorce attorney.

Contact An Atlanta Property Division Attorney

The family law attorneys of the law firm of Bivek Brubaker & Prescott LLC understand that the emotional struggle that comes with divorce can cloud judgment, making it difficult to make the right choices for your future. Our experienced divorce lawyers can walk you through your property division options and ensure that you lay a strong foundation for a new chapter in your life.

To schedule a consultation with one of our attorneys, call us at 470-663-9404, or fill out our online contact form.