Family Law

Equitable Distribution of Assets

Georgia is an equitable distribution state. Equitable distribution does not necessarily mean the parties equally split the marital assets. In practice, however, courts often split marital assets down the middle. The courts can award one party more of the assets than the other party based upon a variety of factors.

Case law defines the parameters of equitable distribution in dividing property after a divorce. The court must first determine what is separate property and what is marital property (acquired or accrued during the marriage by either spouse). Then, the court or jury has broad discretion to determine equitable distribution and may consider the following factors:

• Length of the marriage
• What each party contributed to the property (financial and other such as what a homemaker would provide)
• Appreciation of assets during the marriage as a result of either or both spouse
• Contributions of each spouse to the marriage
• The conduct of the parties during the marriage and in reference to the divorce.

To ensure you receive and retain all the assets you are entitled to after a divorce, contact the Atlanta attorneys of Meriwether & Tharp at (678) 879-9000 or email us at familylaw@mtlawoffice.com

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