Pre-Filing Considerations for High-Asset Divorces in Atlanta, GA
Going through a divorce is never going to be easy, but it can be especially challenging if you own high-value assets. Taking time to prepare before you file can protect your wealth, reduce disputes, and secure a fair outcome.
Our legal team at Atlanta Divorce Law Group is experienced in pre-filing considerations for high-asset divorces in Atlanta, GA. Our attorneys can help you navigate through these complicated financial issues so you can feel confident that your rights and long-term goals are being safeguarded.
What Is the Difference Between Marital and Separate Property?
One of the first pre-filing steps for any divorce in Atlanta, Georgia, and especially for high-net worth families, is identifying marital and non-marital property. Under Official Code of Georgia Annotated § 19-3-9, marital property includes most assets acquired during the marriage, such as the house. In contrast, non-marital property is the assets each spouse owned before marriage.
Gathering account statements, tax returns, real estate documents, and business records helps determine which documents belong to which category. In some cases, an accountant or appraiser may be needed to value more complex holdings. Business ownership, retirement accounts, and investments may require a detailed review. Under O.C.G.A. §19-3-60, prenuptial and postnuptial agreements are permitted and may provide guidance on the division of property.
When no such agreements are in place, Georgia family courts apply the principle of equitable distribution. This seeks to divide the marital properties fairly, and not necessarily an equal 50/50 split. Understanding this standard may help you anticipate the judge’s decision.
Child and Spousal Support Obligations
High-net-worth divorces often involve discussions about spousal and child support. State law sets out statutory guidelines for calculating child support, but O.C.G.A. §19-6-15(i)(2) allows deviations when the parents’ combined income exceeds $40,000 per month. Family judges aim to preserve a child’s accustomed lifestyle, which may lead to higher payments.
Spousal support, or alimony, is not guaranteed but is often awarded to a financially dependent spouse. Georgia family courts weigh the length of the marriage, the standard of living, and each spouse’s future earning capacity. Considering these issues before filing for divorce in Atlanta, Georgia helps you understand your potential responsibilities and develop a strategy to protect your high-value assets.
Protecting Businesses and Professional Interests
Special attention should be given if you own a financially successful business or professional practice Atlanta, Georgia, before filing for divorce. Business valuations are often contested, and the court may need expert testimony to determine fair market value. In some cases, one spouse may argue that they contributed indirectly to the success of the business and should receive a larger share.
Working with financial professionals to assess the value of your business and considering options such as buyouts or restructuring can protect your professional reputation and the continuity of your company. Our team can collaborate with accountants, appraisers, and other experts to ensure your business interests are properly represented throughout the process.
If You Have a High Net Worth, Speak With an Atlanta, GA Attorney Before you File For Divorce
Pre-filing considerations for high-asset divorces in Atlanta, GA are essential for protecting your financial future. Careful preparation and early guidance from our skilled legal team can help you secure a favorable outcome.
Our firm is dedicated to guiding you through every step of the process. Call the Atlanta Divorce Law Group today to meet with a member of our team and learn how we can represent your interests during your divorce.
