Summary of Division of Property in Georgia

Georgia is referred to as an “equitable division” state (as opposed to being a “community property state” as are some other states). This means that property is divided “equitably.” This does not necessarily mean “equal” or 50/50. Its meaning is closer to “fair” and “just.”

All property owned by either spouse may be categorized under Georgia law as either marital property or non-marital property. “Marital property” generally means property acquired by either spouse during the marriage, except property acquired by inheritance or gift.

If property is considered to be “marital property” under Georgia law, it is then subject to equitable division between the spouses upon a divorce. There is no predefined formula to divide marital property. Marital property is divided “equitably.”