Georgia became an equitable division state in 1980. This occurred when the Georgia Supreme Court rendered its opinion in the case of Stokes v. Stokes, 246 Ga. 765 (19380).
In that opinion the Court stated:
“We deal here solely with the authority of the trier hearing and alimony case to award to one spouse real property titled in the name of the other spouse where the basis of such award is neither alimony, partitioning, trust nor fraud, but is equitable division of property.”
The Court, after presenting an historical analysis of Georgia cases on this point, upheld the award to the one party of a one-quarter interest in the property titled in the name of the other.
The concurring opinion by Mr. Justice Hill was a very instructive of this opinion. Mr. Justice Hill detailed multiple factors that the finder of fact should take into consideration when dividing the marital estate. Those factors are now part of the standard jury charge on equitable division and are as follows:
- The duration of the marriage;
- Any prior marriage of either party;
- The age and health of each party;
- The occupation and/or vocational skills and employability of each party;
- The contribution or services of each spouse to the family unit;
- The amount and sources of income of each party;
- The separate estate (non-marital estate) of each party – assets and related debts;
- The debts / liabilities of each party;
- The opportunity of each party for future acquisition of assets by employment or otherwise;
- The conduct of the parties, both during the marriage and with reference to the cause of the divorce, is relevant and may be considered in your determination of an equitable division of property; and,
- Any other factors the fact-finder deems relevant.
In applying the concept of equitable division and specifically the factors above, attorneys and even judges generally now start at 50-50 – an equal division of the marital estate. However, any party going through a divorce should be aware that 50-50 is not the law in Georgia, and Georgia is not a community property state. It is the Court’s or the Jury’s obligation to make an equitable division of the marital estate applying the factor cited about.
If you think that one or more of these factors call for a division other than 50-50, then you should contact us to discuss the matter with an attorney.