Georgia is an “equitabile division” state, in which “marital” assets are divided between the parties on an “equitable” basis. But “separate” assets remain the property of the person to whom they belong and are not divisible. Separate assets, basically, are assets that are pre-marital, inherited, or gifted. Marital assets are assets that are acquired during the marriage from the efforts of the parties, no matter which party generated the income. Generally, we presume 50/50 division of marital assets, but there are many reasons that the courts may deviate from 50/50 division to achieve an “equitable” result.
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