Georgia is an equitable distribution state. The court divides marital property fairly based on statutory factors under O.C.G.A. § 19-5-13. See how your assets may be divided.
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Equitable Distribution
Property System
Equitable
Default Split
O.C.G.A. § 19-5-13
Primary Statute
6 months
Min. Residency
Georgia is an equitable distribution state, meaning the court divides marital property in a way that is fair but not necessarily equal. Under O.C.G.A. § 19-5-13, the judge has discretion to consider multiple factors when determining an appropriate division.
While a 50/50 split is common starting point, the court may award a disproportionate share to one spouse based on factors such as the length of the marriage, each party's economic circumstances, contributions to the marriage (including homemaking), and the needs of any children.
Only marital property is subject to division. Separate property — typically assets owned before the marriage, gifts, and inheritances — is generally excluded from the marital estate, though the rules for commingling and transmutation vary.
Primary statute: O.C.G.A. § 19-5-13
Separate property includes gifts to one spouse, inheritance, and pre-marital property (if kept separate). Active appreciation through marital effort is marital; passive appreciation is separate.
The classification of property as separate or marital is often the most contested issue in divorce proceedings. Commingling of separate and marital funds can transform the character of an asset, making it partially or entirely subject to division. Proper tracing documentation is essential to protect separate property claims.
Financial condition of each spouse (Stokes v. Stokes)
Contributions (monetary and non-monetary) to the marriage
Needs and earning capacity of each spouse
Conduct of the parties, including marital misconduct (Bloomfield v. Bloomfield)
Duration of the marriage
Dissipation of marital assets
Fault matters for property: Bloomfield v. Bloomfield (1994) established that marital misconduct can be considered in property division.
Professional licenses are NOT marital property: Lowery v. Lowery (1992).
Jury trial right: either party may demand a jury trial for contested divorce issues.
Enter your assets, debts, and situation. Get a personalized property division estimate based on Georgia law.
Georgia is a equitable distribution state. No 50/50 presumption — equitable distribution driven by case law (Stokes v. Stokes). The primary statute governing property division is O.C.G.A. § 19-5-13. The court considers multiple statutory factors to determine a fair (but not necessarily equal) division of marital property.
Separate property includes gifts to one spouse, inheritance, and pre-marital property (if kept separate). Active appreciation through marital effort is marital; passive appreciation is separate.
No. Georgia is an equitable distribution state, which means the court divides marital property fairly but not necessarily equally. The judge considers multiple statutory factors to determine what is equitable in each case.
Georgia has several unique features: Fault matters for property: Bloomfield v. Bloomfield (1994) established that marital misconduct can be considered in property division. Professional licenses are NOT marital property: Lowery v. Lowery (1992).
Get a personalized property division analysis based on Georgia's equitable distribution laws.
Start My Free GeorgiaEstimate →This tool provides educational estimates based on Georgia equitable distribution law and does not constitute legal advice. Property division calculations are estimates and actual court outcomes may vary. Consult a licensed Georgia family law attorney before making decisions. Primary statute: O.C.G.A. § 19-5-13.