Georgia operates under the principle of equitable division of marital property during divorce proceedings. This principle dictates that assets acquired during the marriage are divided fairly between the parties, although not necessarily equally. Factors influencing the distribution include each spouse’s contribution to the marriage, both financially and otherwise, as well as their respective needs and future earning capacities. Therefore, a strict numerical split of marital assets is not mandated.
The equitable division approach acknowledges that contributions to a marriage extend beyond monetary income and encompass various roles, such as homemaking, childcare, and supporting a spouse’s career. This contrasts with a system that automatically splits everything in half, regardless of individual circumstances. The historical context reveals a shift from common law property systems to community property and, in many states, to equitable distribution models, recognizing the evolving dynamics of marital partnerships and the need for individualized assessments.
