Legal Question in Family Law in Georgia
Does equitable mean equal?
After reading several questions and responses, I am confused. One response refered to
Georgia Law stating equitable division, which seems to imply that if an individual put
in 60% of assets, then the individual would get 60% of assets in divorce, all other
things being equal (which the, of course, never are). Another posting refers to
equitable as 50%-50% split. I thought the term equitable implied some sort of
"fairness" measure where a 50-50 split ignores needs and contributions.
Assume in a no-contest divorce, there is $300,000 in assets to divide.
If spouse X provided 2/3 of the income that created the assets and spouse
Y created 1/3 of the income, would the split be $150,000 each or would it be
$200,000 for spouse X and $100,000 for spouse Y - all other things being equal?
1 Answer from Attorneys
Re: Does equitable mean equal?
Rarely is everything else equal, but to answer your question, equitable means fair. It is highly discretionary, which is why it is always better for the parties to work things out rather than a judge or jury. All contributions to the marraige are considered, not just income, but time and effort, sacrifices, child care, etc.. Generally the party that makes a larger contribution will get a larger share.
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