Equitable Division
Articles about the division of marital property and assets in Georgia divorce cases.
All Posts in Equitable Division
What If Your Spouse Hides Assets in Georgia?
A hidden asset still in the marital estate can be divided if found before a Georgia decree. Afterward, the decree can be set aside only by motion and in time.
Read MoreEnding Co-Ownership After a Georgia Divorce
If you still own property with your former spouse after a Georgia divorce, either of you can ask a court to partition it, usually ending in a buyout or sale.
Read MoreMortgage Terms to Get Right in a Georgia Divorce
A Georgia court enforces the mortgage terms your divorce decree contains, not the ones it leaves out, so say who pays, whether to refinance, and by when.
Read MoreRenting the Marital Home After a Georgia Divorce
If you and your former spouse still own the house together and one of you rents it out, Georgia law entitles the other to a share of the rent.
Read MoreShort Sales and Foreclosure in a Georgia Divorce
When the house is worth less than the mortgage, or the lender forecloses, your Georgia divorce decree decides which of you absorbs the loss.
Read MoreAre Stock Options Marital Property in Georgia?
Georgia treats stock options as marital property only to the extent the marriage produced them, so options that straddle the wedding date are sorted out.
Read MoreDividing an IRA in a Georgia Divorce
A Georgia court divides only the part of an IRA the marriage produced, and a specific divorce waiver can end an ex-spouse's claim as beneficiary.
Read MoreERISA Plans and Benefit Waivers in Georgia
An ERISA plan pays according to its plan documents unless a QDRO says otherwise, but a Georgia court can still hear a claim that the person paid waived it.
Read MoreIs Retirement Marital Property in Georgia?
Retirement benefits earned during a Georgia marriage are marital property, vested or not, while the part earned before the wedding stays separate.
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