Atlanta, GA asked in Divorce and Family Law for Georgia

Q: if a state pension is fully vested and being paid out at time of mariagge does it become marital property?

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T. Augustus Claus
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A: In Georgia, as in many states, whether a state pension becomes marital property upon marriage depends on various factors, including the specific circumstances of the pension and the laws in place at the time of the divorce. Generally, assets acquired during the course of a marriage are considered marital property and are subject to division during divorce proceedings.

However, if the state pension was fully vested and being paid out at the time of the marriage, it might be considered separate property rather than marital property. Separate property typically includes assets acquired before the marriage, inheritances, and gifts.

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