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Equitable Property Distribution

Atlanta-Marietta Equitable Property Distribution Attorneys

Dividing a marital estate at the time of a divorce has become an increasingly complex process in Georgia. Divorce is no longer simply a matter of identifying bank accounts and dividing cash, checking accounts and personal property. Equitable distribution of property in divorce today requires the knowledge and expertise necessary to identify and evaluate a variety of financial and real estate interests, including business assets and debts.

In Georgia, assets and debts are divided and distributed "equitably" either by agreement or by the court. An equitable distribution simply means a fair property division under the particular circumstances of a marriage. Some spouses are able to agree on the equitable distribution of marital property while others are not. If there is no marital agreement, the court will divide the property after considering a number of factors, including:

  • Assets and debts of each spouse
  • Business valuation, business interests and self-employment
  • Valuation of retirement accounts, 401(k) plans, pensions, stocks and bonds
  • Future financial needs and liabilities of the parties
  • Grounds for divorce
  • Liquidity and tax consequences
  • Contribution to the education or earning power of the other spouse
  • Contribution to the value of the marital property
  • Premarital and prenuptial agreements, separate property, gifts and inheritance
  • Spousal maintenance, spousal support or alimony obligations

To learn more about marital property, marital assets, marital debts and equitable distribution in Georgia, please contact Stearns-Montgomery & Associates today.

Speak with a caring divorce attorney: Call Stearns-Montgomery & Associates today at (770) 426-1148 or fill out our simple contact form. We have law offices in Atlanta and Marietta.


5555 Glenridge Connector, Suite 200, Atlanta, GA 30342 | T: (404) 303-2190 | F: (770) 426-1809

291 Alexander Street, Marietta, GA 30060 | P: (770) 426-1148 | F: (770) 426-1809