What is a Wife Entitled to in a Divorce in Georgia? Property Division and Spousal Support 

A wife in Georgia divorce is entitled to an equitable share of marital property under Georgia’s equitable distribution law, potential alimony based on need and the other spouse’s ability to pay, and portions of retirement accounts accumulated during marriage. Unlike equal distribution states, Georgia courts divide assets fairly—not necessarily 50/50—considering factors like marriage length, each spouse’s financial contributions, earning capacity, and homemaking contributions.

Georgia’s Equitable Distribution Law Explained

Georgia follows equitable distribution rather than community property, meaning courts divide marital property in a way deemed fair based on each case’s circumstances. Courts examine factors including financial and non-financial contributions, economic circumstances at divorce, and the need to maintain a stable home environment for children when determining what constitutes an equitable division.

The court may allocate a larger share of assets to the wife based on her contributions as either breadwinner or homemaker, especially if she played a substantial role in raising children or supporting her spouse’s career, adjusting the division to ensure her financial security post-divorce.

Marital Property vs. Separate Property in Georgia

Marital property in Georgia includes any wealth attained by either or both spouses during marriage, regardless of which spouse earned more money or whose name appears on property titles. This encompasses:

• All earnings during marriage and assets purchased with those earnings
• Retirement accounts (401(k)s, IRAs, pensions)
• Real estate acquired during marriage
• Vehicles and household possessions
• Business interests developed during marriage
• Investment accounts and stock options

Separate property includes assets acquired before marriage, property received during marriage by gift, inheritance, bequest, or devise, and remains the separate property of the spouse who acquired it and is not subject to equitable division.

However, if premarital property is commingled with marital property, Georgia courts may apply the “source of funds rule” where a spouse contributing nonmarital property receives an interest in the property proportionate to the ratio of nonmarital to total investment.

Alimony (Spousal Support) for Wives in Georgia

Georgia law states a party shall not be entitled to alimony if it is established by a preponderance of evidence that the separation was caused by that party’s adultery or desertion. Alimony, legally defined under O.C.G.A. § 19-6-1, refers to court-ordered payments made by one spouse to the other for support and maintenance during separation or following divorce.

Unlike child support, Georgia has no formula to calculate alimony—the amount and duration depend on the judge’s discretion based on fairness, financial circumstances, and each spouse’s needs and ability to pay.

Factors Georgia Courts Consider for Alimony

Under O.C.G.A. § 19-6-5, Georgia courts evaluate eight key factors when determining alimony:

• Standard of living established during marriage
• Duration of the marriage
• Age and physical/mental condition of both parties
• Financial resources of each party, including separate estates
• Time necessary for either party to acquire education or training for appropriate employment
• Contribution of each party to the marriage (homemaking, child care, education, career building of the other party)
• Condition of the parties including earning capacity and fixed liabilities
• Other relevant factors the court deems equitable and proper

A short marriage with equal incomes may not warrant alimony, while a long-term marriage where one spouse earns significantly more than the other often results in spousal support.

Types of Alimony in Georgia

Georgia law recognizes four distinct types of alimony:

Temporary Alimony (Alimony Pendente Lite) – Support payments while divorce is pending, granted under O.C.G.A. § 19-6-3 when one spouse needs financial assistance during proceedings

Periodic Alimony – Structured regular payments distributed over a timeframe determined by court or mutual agreement

Lump Sum Alimony – One-time payment from one spouse to the other, often sourced from separate funds or estate

Rehabilitative Alimony – Short-term support helping the lower-earning spouse acquire new job skills and begin earning independently

Georgia courts rarely order alimony for the lifetime of the recipient spouse, most often ordering alimony between 2 to 10 years.

When Alimony Ends in Georgia

Alimony payments generally terminate when the recipient spouse enters into a new marriage, as outlined in O.C.G.A. § 19-6-1. Payments officially end when either spouse, the payer or recipient, passes away. If the spouse receiving alimony begins living with a new romantic partner, this change might lead to a modification or termination of alimony payments.

How Georgia Courts Divide Retirement and Pensions

Under Georgia law, all contributions made by either spouse during marriage to any retirement account—whether a 401(k), IRA, or pension—are subject to equitable division, with the earning spouse able to claim any pre-marital balance as separate property while the marital portion is divisible.

The court typically issues a Qualified Domestic Relations Order (QDRO) which divides a retirement account into two separate accounts—one for each spouse.

What is a QDRO?

A QDRO is a legal order, approved by the plan administrator, that splits and changes ownership of a retirement plan in accordance with the final order, required to divide any employee benefit plan or pension subject to ERISA (Employee Retirement Income Security Act of 1974).

A QDRO typically requires division of employer-sponsored retirement plans including 401(k)s, 403(b) plans, traditional pensions, 457 plans, profit-sharing plans, and ESOPs. IRAs (Individual Retirement Accounts) typically don’t require a QDRO for division but must be handled carefully within the divorce agreement to ensure IRS compliance.

A spouse or former spouse receiving QDRO payments can roll over distributions tax-free, just as if they were the employee receiving a plan distribution and choosing to roll it over.

Social Security Benefits

Social Security benefits are not subject to division in a Georgia divorce as they are considered a government entitlement, not an asset, and thus remain the individual’s property. However, if a marriage lasted at least 10 years, the non-working spouse may be eligible for Social Security benefits based on the other spouse’s work record.

The Family Home and Real Estate Division

Whether the house is shared property or separate property depends on Georgia divorce laws—the marital house is typically deemed shared property if either spouse purchased it during the marriage and should be fairly distributed between both parties.

The couple may decide how they split the marital home, such as by selling it and dividing proceeds, or when spouses cannot reach agreement regarding distribution of the house, the judge will make the decision.

A custodial parent (parent who primarily lives with the children) may have an advantage when it comes to getting the house in a divorce, as one factor a judge considers is the need to provide a stable home environment to any children.

Business Assets and Professional Licenses

A business owned by one spouse before the marriage remains that spouse’s separate property during marriage, although a portion may be considered marital property if the business increased in value during the marriage or both spouses worked at it.

Despite a startup being solely under one spouse’s name, it would be considered marital property if founded during the marriage, with the court taking into consideration factors such as one spouse’s high income from the business and the other’s contribution in raising children and managing the household.

Debt Division in Georgia Divorces

All debts incurred during marriage, unless the creditor was specifically looking to the separate property of one spouse for payment, are marital property debts subject to division.

Courts consider the same equitable distribution principles when dividing debt, examining who incurred the debt, for what purpose, and each spouse’s ability to pay.

How Spousal Misconduct Affects Your Entitlements

In all cases in which alimony is sought, the court shall receive evidence of the factual cause of the separation even though one or both parties may also seek a divorce, regardless of the grounds upon which a divorce is sought or granted.

If the wife can demonstrate that her spouse’s actions were detrimental to the marriage, this may strengthen her case for receiving support, while if the wife is found to have committed adultery or deserted the marriage, she may be ineligible for alimony.

Georgia courts may also consider fault when dividing marital property, though the state’s equitable distribution system focuses primarily on fairness rather than punishment.

Factors Georgia Courts Consider

Beyond the specific alimony factors listed in O.C.G.A. § 19-6-5, Georgia courts examine:

Length of Marriage – Long marriages typically result in higher chances of alimony being awarded, especially if one spouse has become financially dependent on the other during the marriage.

Age and Health – Courts consider physical and mental conditions that might affect earning capacity or ability to work.

Earning Capacity – Courts evaluate both spouses’ earning capacity and financial condition, and if the wife has a lower earning capacity, the court may adjust the settlement to provide her with additional assets, ensuring she has sufficient financial support post-divorce.

Future Needs – Each spouse’s projected financial requirements going forward.

Custody Arrangements – Primary custody often impacts property division and support awards.

Educational Background – Training and skills that affect employment opportunities.

Homemaking Contributions – If the wife has been a stay-at-home mom or worked part-time to support her husband’s career, she is entitled to a fair portion of marital property, with courts considering non-financial contributions when dividing property.

Can You Modify Alimony After Divorce?

Permanent alimony is subject to modification, with either party able to request a review of support, but a significant change of circumstances, such as the financial status of either spouse, must be proven to modify or revise the previous judgment.

Examples of circumstances that might warrant modification include:

• Substantial income changes for either spouse
• Remarriage or cohabitation of recipient spouse
• Recipient spouse’s improved earning capacity
• Payer spouse’s loss of income or disability
• Retirement of paying spouse

What Happens if One Spouse Hides Assets?

It is relatively common for spouses to try to unfairly influence the outcome of property division by hiding assets, with it being illegal for either spouse to hide assets to shield them from property division.

Warning signs of asset concealment include a spouse acting secretive or defensive about financial matters and refusing to share passwords or account information, taking on unusual amounts of debt or opening multiple bank accounts, complaining about unusual financial difficulties, or whose expenditures seem out of proportion with claimed income.

Georgia courts can impose penalties on spouses who hide assets, potentially awarding a larger share of marital property to the other spouse.

Are Prenuptial Agreements Enforceable in Georgia?

Georgia courts generally enforce valid prenuptial agreements that meet legal requirements:

• Must be in writing and signed by both parties
• Full financial disclosure must be provided
• Cannot be unconscionable at the time of enforcement
• Both parties must have opportunity for independent legal counsel
• Agreement must be entered voluntarily without fraud, duress, or coercion

Courts may invalidate prenuptial agreements that are extremely unfair or were signed under questionable circumstances.

How Does the Duration of Marriage Affect Entitlements?

The duration of marriage is a critical factor in alimony determinations, with longer marriages typically resulting in more substantial alimony awards and property divisions that account for decades of partnership and interdependence.

Short-term marriages (under 5 years) often result in each spouse keeping what they brought into the marriage, with minimal alimony unless there are special circumstances. Long-term marriages (15+ years) generally result in more comprehensive equitable distribution and potentially longer-term or permanent alimony.

Child Support vs. Spousal Support

If a wife has primary custody of children in a Georgia divorce, as the custodial parent, she may receive child support as determined by a judge, and if both parents equally share parenting time, the wife may still be entitled to child support if her income is lower than that of her spouse.

For an estimate of Georgia’s basic child support obligations, spouses can combine their gross incomes and refer to the Georgia child support calculator under the state’s Child Support Guidelines.

Child support and spousal support are separate determinations with different purposes and calculations. Child support is specifically for children’s needs, while spousal support addresses the financial disparity between spouses.

FAQ: Wife’s Entitlements in Georgia Divorce

Q: Is a 50/50 split guaranteed in Georgia divorces?

A: Georgia is an equitable distribution state, meaning instead of dividing marital property equally, a judge will divide property fairly based on each spouse’s financial and non-financial contributions to the marriage. Equal does not always mean equitable under Georgia law.

Q: Can I receive alimony if I had an affair?

A: A party shall not be entitled to alimony if it is established by a preponderance of the evidence that the separation between the parties was caused by that party’s adultery or desertion. The burden is on the other spouse to prove the affair caused the separation.

Q: How long does alimony last in Georgia?

A: There is no set formula, with courts rarely ordering alimony for a spouse’s lifetime, most often ordering alimony to continue for limited time periods, generally between 2 to 10 years. Some use a general formula of one year of alimony for every three years of marriage.

Q: Do I need a lawyer for property division in Georgia?

A: While not legally required, Georgia law concerning division of marital property and classification of certain property as non-marital property is very intricate and contains several exceptions, making it advisable to seek counsel of a lawyer who specializes in Georgia divorce, especially if you have several assets or complex financial holdings.

Q: Can I keep my inheritance in a Georgia divorce?

A: Property acquired during marriage by either party by gift, inheritance, bequest, or devise remains separate property of the party that acquired it and is not subject to equitable division. However, if you commingled inheritance with marital funds, it may become marital property.

Q: What if my spouse makes significantly more money than me?

A: Courts evaluate both spouses’ earning capacity and financial condition, and if the wife has a lower earning capacity, the court may adjust the settlement to provide her with additional assets to ensure sufficient financial support post-divorce. Income disparity is a key factor courts consider.

Q: How do courts value stay-at-home contributions?

A: Georgia’s equitable distribution model recognizes the valuable contributions of non-working spouses to the household, with courts considering non-financial contributions when dividing property if one spouse has been the primary caregiver or managed the household.

Legal Disclaimer: This article provides legal information about wife’s entitlements in Georgia divorces based on current Georgia state laws and official legal sources. It is for educational purposes only and does not constitute legal advice. Georgia divorce laws and court procedures are subject to change. Property division outcomes vary based on individual circumstances and county practices. For specific legal advice regarding your situation, please consult with a qualified attorney licensed in Georgia. Always verify current law and procedures through official Georgia State court resources.

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• How Much Does a Lawyer Make: Understanding Legal Costs
• What Is Misdemeanor Identity Theft: Protecting Your Assets
• Property Owner Legal Rights: Asset Protection

About the Author

Sarah Klein, JD, is a former family law attorney with over a decade of courtroom and mediation experience. She has represented clients in divorce, custody cases, adoption, Alimony, and domestic violence cases across multiple U.S. jurisdictions.
At All About Lawyer, Sarah now uses her deep legal background to create easy-to-understand guides that help families navigate the legal system with clarity and confidence.
Every article is based on her real-world legal experience and reviewed to reflect current laws.
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