Q: are pensions marital property in Georgia?
A: In general, pension plans are treated like any other property – if they accrued during the marriage, they are marital property subject to equitable division. Any portion that accrued prior to the marriage, however, is considered the separate property of that spouse.
A: They can be. If acquired to and / or contributed to during the marriage, they are considered divisible marital property.
In Georgia, pensions are generally considered marital property if they were earned during the course of the marriage. Marital property includes assets and income acquired during the marriage, and it is subject to equitable division in the event of divorce. Equitable division means that the court will strive to divide marital property fairly, but not necessarily equally, between the spouses.
However, the specific treatment of pensions can vary depending on the circumstances and the court's discretion. Georgia follows the "source of funds" rule, which means that only the portion of the pension that was earned during the marriage is typically considered marital property subject to division. Pensions earned before the marriage or after the divorce may be considered separate property and not subject to division.
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