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Division of Property

Is My Spouse is Concealing Assets?

Financial infidelity is regrettably common in marriages, especially when one partner is not involved with paying bills, managing cash flow, or working with the financial advisor. When the marriage ends in divorce, the spouse who handled the finances often tries to hide cash and investments and falsify debts and expenses. If you have always left…

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Am I Responsible for My Wife’s Student Loan Debts?

Debts and property are only subject to division during a Georgia divorce if they qualify as marital property, or property that was obtained by either party during the marriage. Marital property is subject to equitable division in a divorce. However, separate property, or property obtained by either party prior to the marriage, is not subject…

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What Are the Different Types of Pensions?

There are many different types of pensions, all of which may be subject to division in a Georgia divorce, provided that all or part of the pension is marital property. This typically means that the pension accrued at least some value during the parties’ marriage. A pension whose value was earned or accrued prior to…

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What Are the Different Types of Stock Options?

In very general terms, a stock option is a right that a corporation gives to an employee to purchase a certain number of shares of corporate stock for a set price during a specific period of time. Corporations often offer their employees stock options to give them special incentives to remain with a company, to…

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My Husband and I Own Rental Properties. How Are They Divided in a Divorce?

If you and/or your spouse own rental properties, you must determine how to divide them upon your divorce. The first matter to determine is whether the rental properties were owned by one spouse prior to the marriage, or if the spouses acquired them after they were married. If the properties are separate property, then they…

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What is a Qualified Domestic Relations Order and How Does It Work?

When you are in the midst of a divorce, retirement plans may be the last thing on your mind. However, retirement plans or pensions may be the largest assets that you and/or your spouse own, and they are often subject to division during a divorce as marital property. Due to the potential impact on your…

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How is a Beneficiary Designation Affected by Divorce?

All too often, individuals who are going or have gone through a divorce discover that they have failed to change a beneficiary designation on some sort of asset. In the worst case scenario, an individual passes away without having changed the designation, which causes a whole host of problems if the couple already has divorced.…

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Am I Entitled to Part of My Spouse’s Pension?

Pensions belonging to either spouse may constitute marital property under Georgia law, at least to the extent that the spouse contributed to the pension during the marriage, causing it to appreciate in value. This may be the case even if all or part of the pension is unvested. Typically, if the parties agree or the…

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