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Attorneys Vic Hill and Brad MacDonald

The importance of ensuring your share of the marital assets

When two individuals make the commitment to enter into a marriage, they may fully intend to join all aspects of their lives. However, if either spouse brought a greater share of resources into the marriage, or later contributed more time and effort to raising a family, then each party deserves to receive an equitable share of the marital assets in the event of a divorce. Since Georgia is an equitable division state, how you handle your particular property division can make all of the difference to your future security and well-being.

The best place to start in the process of asset division is determining which assets are to be considered part of the marital relationship. Any assets that were owned prior to the wedding will most likely be considered separate property in Georgia unless a prenuptial agreement stipulated otherwise. An important point to keep in mind is that the definition of equitable does not mean equal, and it falls to the divorce court to determine what share each former spouse may receive. Having a knowledgeable representative to ensure that you obtain the assets you deserve can make all of the difference during your divorce.

In a high-asset divorce in which a business is involved, it is imperative to have the experience of a skilled resource on your side. Being able to obtain the proper valuation of the business assets and the tax liabilities will enable you to clearly see the value of the assets to be divided. Furthermore, having a clear grasp of future expenses — including spousal or child support — may make it easier to arrive at the equitable division that will be needed to maintain a comparable lifestyle prior to the marriage dissolution.

There are other considerations that can bear weight in the matter of dividing marital assets, including the conduct of the spouses during the marriage. You have poured your time, energy and emotions into making your marriage a success, and the fact that it is no longer sustainable is no reason to lose all you have invested. Please review our website here to see whether our experience may enable you to live the life you deserve after your divorce.

Source: hillmac.com, “Marietta Property Division Attorney“, , Sept. 12, 2014