One of the most difficult parts of the divorce process is the division of property. This can be particularly complicated for couples who have significant or complex financial assets--such as stock portfolios, vacation properties and retirement plans. In any case, it is critical that property and assets are divided appropriately in order to protect the financial interests of the parties involved.
In order to divide property as part of a divorce in Georgia, it needs to be determined which assets are separate property and which are part of the marital estate. Under state law, marital property must be divided fairly and equitably. Separate or premarital property is not subject to division, however in some cases a piece of premarital property increases in value during the marriage--and it may be determined that the amount of appreciation, but not the property itself, is marital property.