How do the courts determine who gets what?
In Georgia, spouses do not automatically get half of everything. Property is divided into two classifications, separate property and marital property. Only the marital property will be subject to being divided. Dividing the marital property means dividing not only the assets, like houses, cars, and investments, but also the debts. Georgia law calls this process equitable division, meaning that property is not necessarily divided on a 50/50 basis, but should be fairly, or equitably divided. The judge will consider a number of factors when dividing the property such as how long the marriage lasted, the age of each spouse, their employability, and how much each spouse contributed to the marriage.
