How is property divided in divorce?
In Georgia, the courts look at the type of assets in dispute to determine what will be divided among the two parties. Separate assets are assets or possessions a person had prior to the marriage. This type of asset or property belongs to the original owner and it is not divided between the two parties. Marital assets, (with a few exceptions such as inheritance and personal gifts), on the other hand include all assets acquired during the marriage and are subject to division. Courts look at making an equitable division of the assets, but that does not mean it will be divided 50/50, rather it will be divided into what is fair. factors the court will consider in determining equitable division may include the age, health, education, overall earning potential, financial needs, as well as other factors.