Division of Marital & Individual Assets
Understanding the Division of Assets in Georgia Divorce
Dividing property during divorce is one of the most important—and often most complex—financial steps. In Georgia, courts follow the principle of equitable distribution, which means assets are divided fairly, though not always equally. For individuals divorcing after 50, asset division is especially significant because it can directly affect retirement security, income planning, and long-term financial independence.
At Piedmont Divorce Planning, we specialize in guiding clients through the financial analysis of marital and individual assets to ensure clarity, fairness, and long-term security.
Marital vs. Individual Assets: What’s the Difference?
In Georgia, assets fall into two categories:
Marital Assets: Property acquired during the marriage, including real estate, retirement accounts, investments, and business interests. These are generally subject to division.
Individual Assets: Property owned before marriage, inheritances, or gifts made to one spouse. These typically remain with the original owner but may be complicated if they were commingled with marital funds.
A divorce financial analysis provides the clarity needed to distinguish between marital and individual property and evaluate their impact on your future cash flow and retirement planning.
Why Asset Division Matters More After 50
For couples over 50, dividing assets is more than a legal process—it’s about protecting your lifestyle and retirement. A comprehensive financial review ensures:
Retirement Accounts: Pensions, 401(k)s, and IRAs are often the largest marital assets and must be divided carefully to avoid tax penalties.
Real Estate: Deciding whether to keep, sell, or divide property like the marital home affects both short-term budgets and long-term financial security.
Business Ownership: For entrepreneurs, determining fair valuation and division requires detailed financial analysis.
Healthcare & Insurance: Planning for post-divorce healthcare costs and long-term care needs is essential, particularly for those nearing retirement age.
The Role of Financial Divorce Analysis
Heather Ashworth Failla brings decades of expertise as a Certified Financial Planner™ and Certified Divorce Financial Analyst®, helping clients see beyond the immediate settlement. Through detailed financial modeling and cash flow analysis, we:
Evaluate long-term impact of asset division on retirement goals.
Identify tax consequences of property transfers and withdrawals.
Help protect individual assets from being unintentionally commingled.
Create a financial roadmap for stability and independence after divorce.
Protect Your Financial Future with Professional Guidance
Dividing marital and individual assets is more than numbers—it’s about building a secure path forward. With the right guidance, you can protect what you’ve earned and ensure your financial health post-divorce.
Schedule a consultation with Piedmont Divorce Planning today to gain clarity and confidence in your Georgia divorce financial planning.
Frequently Asked Questions About Division of Marital and Individual Assets
Q1: What is the difference between marital and individual assets in Georgia?
Marital assets are property acquired during the marriage, such as income, real estate, and retirement accounts. Individual (or separate) assets include property owned before marriage, inheritances, or gifts made to one spouse.
Q2: Are all assets divided equally in a Georgia divorce?
Not necessarily. Georgia follows equitable distribution, which means assets are divided fairly, not always equally. The court considers factors like contributions to the marriage, length of marriage, and financial needs.
Q3: Can individual assets become marital property?
Yes. If individual property is commingled with marital funds—for example, using an inheritance to pay off a joint mortgage—it may be considered marital property in part or in whole.
Q4: How are retirement accounts classified in divorce?
Retirement savings accumulated during the marriage are marital assets, while funds earned before marriage may be considered individual. Financial analysis helps separate contributions and determine accurate division.
Q5: Why is asset division especially important for couples over 50?
For couples divorcing later in life, asset division directly impacts retirement readiness, income stability, and long-term lifestyle. Careful financial analysis helps protect independence and prevent costly mistakes.