Contested Divorce
How is the marital estate divided?
In Georgia, the standard for dividing assets in a divorce is “equitable division.” This means that the division is fair, but not necessarily equal. It’s important to note that the title of a marital asset—whether it’s in one spouse’s name or both—doesn’t affect its status in the division process. If the property or asset was acquired during the marriage, it’s considered marital property and subject to equitable division.
Equitable doesn’t always mean a 50/50 split of each asset. Instead, the court looks at the entire marital estate and divides it in a way that’s fair to both parties, taking into account factors like the financial and non-financial contributions of each spouse, their future needs, and other relevant considerations. The result is a division that reflects fairness, even if it’s not perfectly equal.
Alimony and how is it calculated?
In Georgia, alimony, or spousal support, is designed to provide financial assistance to a spouse who needs support after a divorce. Unlike child support, there is no set calculation or formula for determining alimony. Instead, the court considers various factors to arrive at a fair amount and duration.
The primary factors are the need of one spouse and the ability to pay of the other. If one spouse lacks sufficient income or assets to maintain a reasonable standard of living post-divorce, and the other spouse has the financial ability to provide support, alimony may be awarded.
Other important considerations include the length of the marriage and each spouse’s ability to obtain employment. Generally, longer marriages may result in longer or more significant alimony awards. The court will also look at the recipient spouse’s age, health, and skills to determine their ability to re-enter the workforce or improve their earning capacity.
However, Georgia law also stipulates that if adultery or desertion can be proven, the offending spouse is not entitled to receive alimony. If one spouse can demonstrate that the other engaged in adultery or willfully deserted the marriage, the court will typically deny alimony to the offending party. This rule underscores the importance of the circumstances leading to the divorce in determining whether alimony is appropriate.
In short, alimony in Georgia is tailored to the unique circumstances of each case, ensuring that the financial impact of divorce is fairly balanced between both parties.
