Georgia Equitable Distribution Divorce Guide

Georgia is an equitable distribution state—not a community property state. Under O.C.G.A. § 19-5-13, courts divide property "in accordance with the law and the rules of equity." Unlike many other equitable distribution states, Georgia has no statutory formula—judges have complete discretion to divide property in whatever proportion they believe is fair. Georgia also stands out by allowing jury trials for property division and considering marital misconduct when dividing assets. Understanding these rules is essential as you navigate the Georgia divorce timeline.

This comprehensive guide explains Georgia's equitable distribution framework, the critical distinction between marital and separate property, how fault affects property division, the unique role of juries in divorce proceedings, and the factors courts consider when making their decisions.

What is Equitable Distribution in Georgia?

Georgia follows the equitable distribution model, meaning marital property is divided fairly—but not necessarily equally. Unlike community property states that typically split assets 50/50, Georgia courts have broad discretion to divide property in any proportion they consider equitable.

Key difference from other states: Georgia has no statutory list of factors that courts must consider. Instead, courts rely on case law principles and exercise significant discretion. The Georgia Supreme Court has established that equitable division "does not mean an equal division but means a fair division considering all relevant circumstances" (Fuller v. Fuller, 2005).

The equitable distribution process involves three fundamental steps:

1. Classification: Determine whether each asset/debt is marital or separate property
2. Valuation: Establish the fair market value of all marital property
3. Distribution: Divide marital property equitably considering relevant factors

Jury Trials for Property Division

One of Georgia's most distinctive features is that either party can request a jury trial for property division. Under O.C.G.A. § 19-5-13, the jury's verdict disposing of property "shall be carried into effect by the court." This is unusual—most states leave property division entirely to judges.

What this means for you: If you believe a jury of your peers would view your situation more favorably than a judge, you may request a jury trial. However, jury trials are typically more expensive, time-consuming, and unpredictable than bench trials.

What is Marital Property in Georgia?

Marital property in Georgia includes all property acquired by either spouse during the marriage, regardless of whose name appears on the title. Georgia courts have consistently held that marriage is a partnership, and both spouses are considered contributors to the marital estate—even if one spouse stayed home.

Marital property typically includes:

• Real estate purchased during marriage – Homes, investment properties, vacation homes
• Retirement benefits earned during marriage – 401(k) contributions, pension accrual, IRA deposits made during the marriage
• Business interests – Value accumulated in businesses during the marriage
• Investment accounts – Stocks, bonds, mutual funds purchased with marital funds
• Bank accounts – Savings accumulated during marriage
• Personal property – Vehicles, furniture, art, jewelry acquired during marriage
• Gifts between spouses – Unlike gifts from third parties
• Appreciation of separate property due to spouse's efforts – Per Camp v. Camp (2007)

The Camp v. Camp Rule

In the landmark case Camp v. Camp (2007), the Georgia Supreme Court established an important principle: "The appreciation in value of separate property due to the efforts of either spouse during the marriage is a marital asset subject to equitable division."

Example: Wife owns a small business worth $100,000 before marriage. During the marriage, both spouses work together to grow the business. At divorce, it's worth $500,000. The $400,000 appreciation attributable to either spouse's efforts is marital property subject to division—even though the original business was separate property.

What is Separate Property in Georgia?

Separate property belongs exclusively to one spouse and is not subject to equitable division. In Georgia, separate property includes:

• Property acquired before marriage – Assets you owned before the wedding
• Gifts from third parties – Property received as a gift from someone other than your spouse during marriage
• Inheritances – Property received through inheritance, bequest, or descent
• Property excluded by valid agreement – Assets designated as separate in a prenuptial or postnuptial agreement
• Personal injury awards – Compensation for personal injuries (excluding lost wages)
• Pension benefits vested before marriage

Commingling in Georgia

Georgia follows the general rule that separate property mixed with marital property may become marital property. If you deposit inherited funds into a joint account or use them for family expenses, you may lose the ability to claim those funds as separate property.

Mortgage exception: If one spouse owned a house before marriage, but the mortgage was paid during the marriage with marital funds, the equity gained during the marriage is considered marital property—even though the original house was separate.

Professional Degrees Are Not Property

Georgia courts have held that a professional degree or license (such as a medical license or law degree) is not marital property. The value is considered too speculative to calculate, being merely "the possibility of enhanced earnings." However, the supporting spouse's contributions may be considered when dividing other marital property.

How Marital Misconduct Affects Property Division

Unlike many equitable distribution states that ignore fault in property division, Georgia allows courts to consider marital misconduct when dividing assets. This is one of Georgia's most distinctive features.

Under Georgia case law (Peters v. Peters, 1983), "conduct of parties, both during marriage and with reference to cause of divorce, is relevant and admissible" in property division proceedings.

Types of Misconduct Courts Consider

• Adultery – Affairs during the marriage
• Cruel treatment – Physical or emotional abuse
• Willful desertion – Abandoning the marriage
• Habitual intoxication – Substance abuse issues
• Financial misconduct – Hiding assets, wasteful spending, dissipation

Important: The spouse who caused the separation may receive a smaller share of marital property. However, misconduct doesn't automatically result in an unequal division—courts consider all circumstances.

Adultery and Alimony

While adultery can affect property division, it has an even more significant impact on alimony. Under O.C.G.A. § 19-6-1(b), a spouse who committed adultery that caused the separation is barred from receiving alimony. This is an absolute bar—not just a factor to consider.

Factors Georgia Courts Consider

While Georgia has no statutory list of factors, courts consistently consider:

• Contribution to acquisition and maintenance – Both financial and non-financial contributions, including homemaking
• Purpose and intent of the parties – How the spouses treated the property during marriage
• Separate estate of each spouse – What each spouse will retain outside the division
• Service to the family unit – Contributions as homemaker, parent, wage earner
• Conduct of the parties – Misconduct during marriage and regarding the cause of divorce
• Custodial arrangements – The need to provide stable housing for children often influences who gets the family home
• Alimony awards – If one spouse receives alimony, they may receive fewer assets
• Economic circumstances – Each spouse's financial situation and future earning capacity

Special Considerations for Complex Assets

Retirement Accounts

Retirement benefits earned during marriage are marital property. Dividing 401(k)s, pensions, and similar accounts typically requires a Qualified Domestic Relations Order (QDRO) to avoid immediate tax penalties. Only the portion earned during the marriage is subject to division.

Business Interests

Businesses started or grown during marriage require professional valuation. Georgia courts will consider whether dividing the business is practical or whether one spouse should receive the business with an offsetting award to the other.

Real Estate

The family home is often the largest marital asset. Options include:

• Sell the property and divide proceeds
• One spouse buys out the other's equity
• Award to custodial parent with offset elsewhere
• Deferred sale until children reach a certain age

Georgia courts often award the family home to the custodial parent to provide stability for children.

Marital Debts

Georgia treats marital debts the same as marital assets—they must be divided equitably. Credit card debt, mortgages, car loans, and other obligations incurred during marriage are typically marital liabilities subject to equitable division.

Practical Tips for Georgia Property Division

1. Document separate property: Maintain clear records proving when assets were acquired and their source
2. Avoid commingling: Keep inherited and pre-marital assets separate if you want to preserve their character, and avoid common financial mistakes during divorce
3. Understand the Camp rule: Appreciation due to either spouse's efforts becomes marital property
4. Consider the fault factor: Georgia is one of few equitable distribution states where misconduct matters
5. Evaluate jury vs. bench trial: Decide whether a jury might view your case favorably
6. Get professional valuations: Business interests, real estate, and retirement accounts often require expert appraisal
7. Remember alimony implications: Adultery bars alimony, which affects overall financial planning

Estimate Your Georgia Divorce Costs

Property division complexity significantly affects divorce costs. Use our calculator to estimate expenses based on your situation:

Next Steps for Your Georgia Divorce

Understanding Georgia's equitable distribution system is essential for protecting your financial future. Key takeaways:

• Georgia has no statutory formula—courts have complete discretion
• Equitable division means fair, not necessarily equal
• Marital misconduct can affect property division (unlike most states)
• Jury trials are available for property division
• Appreciation of separate property due to spouse's efforts is marital (Camp v. Camp)
• Adultery completely bars alimony if it caused the separation
• Professional degrees are not marital property

For the complete statutory text, see O.C.G.A. § 19-5-13 (property disposition) and O.C.G.A. § 19-6-1 (alimony) on the Georgia General Assembly website. For complex property division issues, consulting with a Georgia family law attorney is strongly recommended.