Georgia is an equitable distribution state. At this time, there are no statutes regarding what the court considers when distributing the property in a divorce case. Generally, the separate property of each spouse shall remain the separate property of that spouse. [Based on Georgia Code - Section: 19-3-9]

Alimony may be awarded on either temporary or permanent basis. A party shall not be entitled to alimony if it is established by a preponderance of the evidence that the marital discord was caused by that party’s adultery or desertion. Alimony may be awarded in accordance with the needs of the party seeking alimony, and the ability of the other party to pay. Unless otherwise provided, alimony shall end upon the remarriage of the party receiving alimony. In determining whether or not to grant alimony, the court shall consider evidence of the conduct of each party toward the other. The following shall be considered in determining the amount of alimony, if any, to be awarded:

• The standard of living established during the marriage.

• The duration of the marriage.

• The age and the physical and emotional condition of both parties.

• The financial resources of each party.

• The time necessary for either party to acquire sufficient education or training to enable him to find appropriate employment.

• The contribution of each party to the marriage, including, but not limited to, services rendered in homemaking, child care, education, and career building of the other party.

• The condition of the parties, including the separate estate, earning capacity, and fixed liabilities of the parties.

• Such other relevant factors as the court deems equitable and proper.

[Based on Georgia Code - Sections: 19-6-1 and 19-6-5]

The courts have no authority over non-marital property. So, the first thing the court has to do is determine whether they have authority over property. Generally speaking, all property acquired by either spouse before the marriage is considered non-marital property. All property acquired after the marriage is considered property of the marriage or marital property. If the property is marital property then the court must “equitably” divide the property.

Property Is Presumed To Be Marital Property Except For:

• Property acquired by gift, legacy or descent.

• Property acquired in exchange for property acquired before the marriage or in exchange for property acquired by gift, legacy or descent.

• Property acquired by a spouse after a Judgment.

• Property excluded by valid agreement of the parties.

• Any judgment or property obtained by judgment awarded to a spouse from the other spouse.

• Property acquired before the marriage.

When Dividing Marital Property The Courts Consider The Following:

• The contribution of each party to the acquisition, preservation, or increase or decrease in value of the marital or non-marital property, including the contribution of a spouse as a homemaker or to the family unit.

• The dissipation by each spouse of the marital or non-marital property.

• The value of the property assigned to each spouse.

• The duration of the marriage.

• The economic circumstances of each spouse when the division of property is to become effective, including the desirability of awarding the family home, or the right to live in the home for a reasonable period, to the spouse having custody of the children.

• Any obligation and rights arising from a prior marriage of either party.

• Any post-nuptial agreement of the parties.

• The age, health, occupation, amount and sources of income, vocational skills, marketable skills, estate, liabilities, and needs of each of the parties.

• The custodial needs of any children.

• The reasonable opportunity of each spouse for future acquisition of capital assets and income, the tax consequences of the property division upon the respective economic circumstances of the parties.

If you have any questions, comments or concerns on Georgia Property Distribution laws and requirements, contact the law offices of Hall, Martin, Sinkler & Assoc P. C. in Rockdale,  Newton, Covington, and Conyers.

Filing for a year’s support in the probate court can sometimes be the easiest and most efficient way to transfer your deceased spouse’s assets into the possession of the surviving spouse or minor children. In order to file a year’s support in Georgia, you cannot wait more than a period of 24 months from the death of your spouse; being in that time frame,  there are a number a reasons why you should hire an attorney to file a year’s support on the petitioner’s  behalf that can be very beneficial to the petitioner both in the long run and in the immediate future. Filing a year’s support allows the assets to be acquired before most general creditors can get a hold of your deceased’s assets, and, if the assets include real estate, a year’s support award may allow you a tax waiver so that you may not have to pay ad valorem taxes on awarded real estate property for the year of the deceased spouse’s death. As an example, not having to pay ad valorem taxes in Rockdale County on a property valued at $100,000 could possibly save you up to or more than $1000 for that year.

In a nutshell, filling for a year’s support can reward you full control of your deceased spouse’s assets while the matter is still in probate. Since you must be very specific on the details of every asset you are asking for, it is very important that you hire a local attorney that is willing to give you the attention you deserve to ensure the process can go as smoothly as possible.

A Power of Attorney is a document that empowers another person to act on your behalf. During the course of a person’s life, there may be a time when one’s state of mind is not capable of handling financial matters or healthcare decisions. The Durable Power of Attorney is for financial matters, while a Power of Attorney for Healthcare is for health matters. These two Powers of Attorney are necessary in Rockdale County financial institutions and health care facilities.
Even though a spouse, a husband or wife, may have the legal power to make these decisions, the Power of Attorney demonstrates your wishes in writing to everyone in the family and may help avoid a dispute.