When a Georgia court divides marital property, it may weigh what each spouse contributed as a homemaker, not just the money each one earned.
What the Cases Say
In McArthur v. McArthur, 256 Ga. 762 (1987), the Georgia Supreme Court explained that the fact-finder dividing marital property may consider “each party’s contribution to the acquisition and maintenance of the property (which would include monetary contributions and contributions of a spouse as a homemaker).” Likewise, Moore v. Moore, 249 Ga. 27 (1982), adopting a factor from an earlier concurrence, allows a jury to weigh what each spouse contributed to the family unit.
So years spent keeping house and caring for the family can count, even without a paycheck.
Labor Counts Too
In Harris v. Snelgrove, 290 Ga. 181 (2011), the wife, Harris, was ordered to pay the husband, Snelgrove, $20,000 as his equitable share of the marital estate. Relying on Moore, the Supreme Court affirmed: there was “ample evidence of Snelgrove’s time and labor spent on extensive work on the parties’ residence.”
The Limit
Contributions mainly affect how marital property is divided. Separate property is not divided; only growth in its value from either spouse’s efforts, or from marital money put into it, can be, and whoever claims that growth must prove it. In Southerland v. Southerland, 278 Ga. 188 (2004), commercial properties and a home bought with gifts from the wife’s family were held to be hers. The husband had helped find the properties, but “no evidence was presented showing how his efforts contributed to the value of the property or to any appreciation in the value of the property during the marriage.” He had also helped build the home, but there was no evidence of what that work was worth, and it was his burden to prove the property was marital.
Homemaking is also a factor in setting alimony, as our post on homemaker contributions and alimony explains.
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This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!