When dividing assets in a divorce, you need to consider all the wealth you and your spouse own together. Some of the most valuable assets you might have are your retirement plans. Depending on your situation, you may well be entitled to a share of your spouse’s...
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Property Division Issues
Can you keep your full 401(k) in your divorce?
Past posts on this blog touched upon the fact that retirement assets are subject to property division during your divorce in Georgia. After several years of contributing to your 401(k) (with the expectation that those funds will help fund your retirement plans), such...
How is marital property divided in Georgia?
Dividing marital property is potentially one of the most complicated and emotional topics to discuss in a divorce dispute. You may have become attached to items you accumulated during your marriage, and may have trouble parting with them once you separate. Whether you...
Dividing property after divorce in Georgia
Georgia follows an equitable division model for property division when couples divorce. This means both you and your spouse have a right to assets and obligation to all debts accrued during the marriage. Review the factors that govern equitable division in Georgia...
Identifying financial discrepancies in a divorce
Money often plays a central role in many a marital dispute. In some situations, it may even contribute to the irrevocable breakdown of a marriage. A spouse experiencing this should pay close attention to their partner's actions, especially if they suspect some assets...
How can my ex-spouse receive my retirement benefits in a divorce?
In Georgia, courts divide property and assets on an equitable basis. In other words, they attempt to distribute your property fairly. That includes all property classified as marital property. Separate property—like gifts or inheritances—does not go through the...
How do I determine my home equity in divorce?
You may have settled on a decision with your spouse to buy the marital home as part of your upcoming divorce settlement. This allows you to hold on to the home you have lived in during the marriage and enables your spouse to start over elsewhere. To come up with an...
Can you challenge a premarital agreement?
You and your spouse have become different people from the ones you were at your wedding. Your circumstances are different, too, and now that you are facing divorce, perhaps that premarital agreement the two of you signed does not seem like a fair contract. Although we...
Distribution of student loan debt in divorce
High levels of student loan debt are causing financial difficulties for college graduates in Georgia and throughout the country, and going through a divorce makes this kind of debt even more challenging. Any debt acquired before marriage remains the sole...
Dixie Chicks singer petitions court to validate prenup
Georgia residents who follow country music may be aware that Natalia Maines, who is best known for being a member of the Grammy Award-winning Dixie Chicks, and her actor husband Adrian Pasdar have decided to divorce after 17 years of marriage. Maines filed the papers...
