Divorce for Professionals

Valuing a practice or business interest

Georgia divides marital property equitably, which means fairly but not always equally. A practice’s value depends on its structure, ownership agreements, and income history, so a valuation professional is often needed. Usually the licensed spouse keeps the practice, and the other spouse receives a share of its value in another form. Our page on dividing a business in divorce explains more.

Income and child support

Georgia’s child support guidelines start with both parents’ gross incomes. For professionals, finding the true income can involve bonuses, distributions, and business expenses. In addition, support can be modified later if income changes substantially. The Georgia courts publish the official child support calculator.

Alimony

A Georgia court may award alimony based on one spouse’s needs and the other’s ability to pay. Factors include the standard of living, the length of the marriage, and each spouse’s earning capacity. For agreements signed after 2018, alimony is not deductible for federal income tax. See our alimony page for details.

Retirement and deferred compensation

Generally, the part of a retirement account or pension earned during the marriage is marital property. 401(k)s and pensions are often divided with a Qualified Domestic Relations Order. Deferred compensation and stock options, however, need a careful review of the plan terms. See our page on dividing retirement benefits.

Real estate and investments

Investment accounts, rental property, and vacation homes bought during the marriage are generally marital property, but they are not automatically split 50/50. Property owned before the marriage or inherited may stay separate. Tax basis also matters when deciding who keeps which asset. Georgia’s divorce statutes are in Title 19, Chapter 5 of the Georgia Code.