In Georgia, marital property is generally categorized as either separate or marital. Separate property typically includes assets owned by a spouse before the marriage, inheritances, and gifts received during the marriage. Marital property, acquired during the marriage, is subject to equitable distribution in the event of divorce. This system of property division ensures a fair and just allocation of assets acquired during the marital partnership. For example, a car purchased during the marriage with joint funds would generally be considered subject to division.
This legal framework provides important protections for both spouses. It recognizes the contributions, both financial and non-financial, of each party to the marriage. Historically, Georgia followed a title-based system, meaning ownership was largely determined by whose name was on the title. The current system reflects a shift towards a more equitable approach to property division upon divorce, promoting fairness and recognizing the shared efforts within a marriage.