Marriage has evolved considerably over the years in the United States. Before even the founding of this country, marriage was seen as a primarily religious undertaking with sacred and holy elements. Today, many people see it more as a secular promise or commitment. If you are thinking about getting married, you might want to consider the implications of your marriage contract. An experienced family law attorney in Georgia may be able to explain these implications in more depth.
Marriage Could Lead to Property Division
In a way, marriage is a contract to divide your property with your spouse if a divorce ever occurs. But it is not quite as simple as that. Like many other states, Georgia follows a system of “equitable distribution.” Under this system, you will only need to divide certain assets according to specific rules. Equitable distribution could also result in a division that is not an exact 50/50 split. You could receive more than half of the assets, or you could receive less. It all depends on the unique factors that surround your marriage and divorce.
The only assets that are eligible for equitable distribution in Georgia fall into the category of “marital property.” These are assets you acquired during your marriage, including income, purchases, and much more. If it is not a gift or inheritance and you acquired it during the marriage, it is almost certainly marital property.
Aside from gifts and inheritance, you can also keep everything you owned prior to the marriage. This might include cash, investments, real estate, collectibles, vehicles, and so on. You can also keep everything you acquire with your own money after the date of separation. This is the day that you or your ex moves out of the family home.
The Marriage Contract Also Involves Alimony
Marriage in Georgia may also lead to a legal obligation to pay (or receive) alimony. Also known as “spousal support,” these are payments from one spouse to another after the divorce. Typically, the spouse with a higher income pays this sum, although alimony is never guaranteed in Georgia. The court awards it on a case-by-case basis and considers the unique factors surrounding each divorce when making final decisions.
You Don’t Necessarily Need to Follow These Obligations
Spouses are free to resolve their divorces in any way they see fit. Instead of following the normal rules regarding alimony and property division, they can create their own contracts via “alternative dispute resolution” (ADR). Examples of this include mediation, arbitration, and collaborative law. This process involves private negotiations in which spouses can decide how they’d like to handle property and alimony. However, this process is completely voluntary, and spouses can always say “no.”
Can a Georgia Family Law Attorney Help Me?
If you are trying to understand what might happen during a divorce and you still have not signed your marriage contract, there may still be time to exert a degree of control over this situation. You can do so with something called a “prenuptial agreement,” and this might be something that a family law attorney in Georgia can help with. Consider continuing this conversation with Lankford & Moore Law today.
