Georgia Divorce Property Division

What the Law Says

Georgia courts divide marital property under an equitable distribution standard — the judge decides what's fair, which may or may not be 50/50.

Georgia divides marital property equitably under case-law authority rather than a statute: the doctrine was adopted by the Georgia Supreme Court in Stokes v. Stokes, 246 Ga. 765 (1980). The decision-maker — uniquely in Georgia, either the judge or a jury — has broad discretion to reach a fair division considering all the circumstances, and an equitable division is not necessarily an equal one. Separate property remains with its owner.

Division Factors (Stokes v. Stokes, 246 Ga. 765, 273 S.E.2d 169 (1980) (case-law authority))

What Georgia courts weigh:

1. Equitable division of marital property is a case-law doctrine adopted by the Georgia Supreme Court — Georgia has no statutory factor list (Stokes v. Stokes, 246 Ga. 765, 273 S.E.2d 169 (1980))
2. The division statute is procedural only: the verdict of the jury disposing of the property shall be carried into effect by the court entering judgment and exercising its usual equitable powers (O.C.G.A. §19-5-13)
3. Uniquely, Georgia permits the property division to be decided by a jury as well as a judge, with broad discretion to reach a fair division; an equitable division is not necessarily an equal one (Stokes doctrine; §19-5-13 verdict mechanism)
4. Separate property is identified and excluded from the marital estate (see Ga. Const. Art. I, Sec. I, Para. XXVII and O.C.G.A. §19-3-9, the cross-references accompanying §19-5-13)

Common Questions