Marital Property vs. Separate Property

What Is the Difference?

One of the most important steps of the divorce process is property division. You likely have a number of questions and concerns that you need answered by an experienced family law attorney. You can count on our law firm to be dedicated to your best possible outcome no matter what the circumstances are for your divorce.

At F. Marian Weeks, P.C., Attorneys at Law, we have a proven track record representing individuals throughout northern Georgia for over 30 years. Our Marietta-based team understands the nature of challenges associated with divorce and will be your advocates throughout your case.

If matters cannot be resolved through mediation or negotiations, we are fully prepared to advocate for your interests in the courtroom.

Marital Property vs. Separate Property in Georgia

Everything that is acquired or purchased in any manner during the marriage is considered to be marital property. Things that are considered to be separate property include:

  • Things owned prior to the marriage (business assets, stock, real estate, etc.)
  • Gifts from someone other than your spouse
  • Inheritances

However, there are certain events that will change nonmarital property to marital property. For instance, if you inherit a large amount of money and it goes into an account that is commingled with your spouse's money or marital funds, that inheritance may be considered marital property. Other assets such as 401(k) accounts, retirement accounts, salary and stocks can be marital property, premarital property or a mixture of both. Appreciation on business assets and real estate may even be considered marital property.

The Importance of Working With a Skilled Lawyer

The financial aspects of a divorce can be particularly complex. Your attorney must understand how to evaluate assets (particularly in complex or high-asset divorce) and determine marital property versus separate property.

Attorneys Marian Weeks and Fraser Hudgins have over 65 years of combined experience representing men and women in divorce and family law matters. We understand divorce from all aspects, and we are prepared to advocate for your interests regardless of the complexity of your case.

Speak With One of Our Lawyers Today

Please call us at 770-884-6296 or email us to schedule a free 30-minute initial consultation with one of our lawyers at a convenient time for you. We serve clients throughout Cobb County, Cherokee County and Paulding County.