Estimate your share of marital property under Georgia's equitable distribution laws. Personalized to your situation. Instant results.
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Equitable Distribution
Property System
equitable
Default Split
30 days
Waiting Period
6 months
Residency Required
Georgia divides marital property equitably — fairly, based on the circumstances of your marriage, not necessarily 50/50. One unique feature of Georgia divorce: either spouse can demand a jury trial to decide property division and alimony. Most couples settle or have a judge decide, but the jury option exists. Georgia courts look at the financial and non-financial contributions of both spouses, the length of the marriage, each party's financial situation, and — unlike many states — the conduct of both parties toward each other, particularly financial misconduct.
Georgiauses equitable distribution, meaning the court divides marital property in a way that is fair — but not necessarily equal. The judge considers multiple factors including the length of the marriage, each party's income and earning potential, contributions as a homemaker, and the economic circumstances of each spouse.
Primary statute: O.C.G.A. § 19-5-13 (property); O.C.G.A. § 19-6-1 (alimony eligibility); O.C.G.A. § 19-6-5 (alimony factors)
Alimony in Georgia is based on need and ability to pay. There is no formula. However, Georgia has a strict rule about fault: if your adultery or desertion caused the separation, you are completely barred from receiving alimony — not just reduced, but eliminated. This is one of the toughest fault rules for alimony in the country. If alimony is awarded, the amount itself is not affected by misconduct — only whether you qualify in the first place.
Two Georgia rules are especially important. First, adultery can completely eliminate your right to alimony if proven to have caused the separation — this means your spouse could use evidence of an affair as a complete defense to any alimony claim you make. Second, either party can demand a jury trial for both property division and alimony, which fundamentally changes the dynamics of negotiation and settlement. Juries in divorce cases can be less predictable than judges and may be more influenced by evidence of marital misconduct.
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Personalized to your numbers and Georgia's actual laws.
Financial Snapshot
Assets, debts, net worth — classified by state law
Property Division
Who gets what under Georgia's equitable distribution rules
What-If Scenarios
3 options compared with 10-year projections
Child Support
Georgia-specific formula calculation
Alimony
Eligibility, amount, and duration estimate
Tax Impact
Filing status, capital gains, retirement transfers
Post-Divorce Budget
Monthly cash flow and 5-year projection
Action Plan
Step-by-step roadmap with cost estimates
Georgia is an equitable distribution state. This means courts divide marital property fairly — but not necessarily equally. The judge considers multiple factors including the length of the marriage, each spouse's income and earning capacity, and contributions to the marriage.
Georgia divides marital property equitably — fairly, based on the circumstances of your marriage, not necessarily 50/50. One unique feature of Georgia divorce: either spouse can demand a jury trial to decide property division and alimony. Most couples settle or have a judge decide, but the jury option exists. Georgia courts look at the financial and non-financial contributions of both spouses, the length of the marriage, each party's financial situation, and — unlike many states — the conduct of both parties toward each other, particularly financial misconduct.
Alimony in Georgia is based on need and ability to pay. There is no formula. However, Georgia has a strict rule about fault: if your adultery or desertion caused the separation, you are completely barred from receiving alimony — not just reduced, but eliminated. This is one of the toughest fault rules for alimony in the country. If alimony is awarded, the amount itself is not affected by misconduct — only whether you qualify in the first place.
Yes. Georgia considers marital fault (including adultery) as a factor in property division. This can result in a disproportionate share of marital assets being awarded to the innocent spouse.
Georgia has a mandatory waiting period of 30 days after filing before the divorce can be finalized. The residency requirement is 6 months.
Based on Georgia law, the three most important questions to ask are: (1) Does the adultery or misconduct in our case affect the alimony bar under O.C.G.A. §19-6-1(b) — and is there evidence about what actually 'caused' our separation that could be used strategically? (2) Should we demand a jury trial for property division and alimony, or is it better to have the judge decide — and how does the county we are in affect jury tendencies in divorce cases? (3) What is the proper value of any business interests or professional practice involved in our marital estate, and is there a personal goodwill component that would be excluded from division?
Does the adultery or misconduct in our case affect the alimony bar under O.C.G.A. §19-6-1(b) — and is there evidence about what actually 'caused' our separation that could be used strategically?
Should we demand a jury trial for property division and alimony, or is it better to have the judge decide — and how does the county we are in affect jury tendencies in divorce cases?
What is the proper value of any business interests or professional practice involved in our marital estate, and is there a personal goodwill component that would be excluded from division?
Your Georgia divorce settlement is one of the biggest financial decisions of your life.
Start My Free GeorgiaEstimate →This tool provides educational estimates based on Georgia equitable distribution law and does not constitute legal advice. Consult a licensed Georgia family law attorney before making decisions. Primary statute: O.C.G.A. § 19-5-13 (property); O.C.G.A. § 19-6-1 (alimony eligibility); O.C.G.A. § 19-6-5 (alimony factors). Source: https://law.justia.com/codes/georgia/title-19/chapter-5/section-19-5-13/