404-809-2394
Can My Spouse Take All My Assets in a Divorce?
Most married people want their relationships to last the rest of their lives. In Georgia, they tend to. As of 2025, Georgia has one of the lowest divorce rates in the nation. However, when a divorce does occur in Georgia, it’s often expensive. That’s because Georgia contains some of the wealthiest cities in the country, especially Atlanta. Unlike some other states, Georgia is considered an equitable division state. This means that when a couple divorces, their assets are not divided evenly. Instead, the court will divide a couple’s assets “equitably.”
Depending on how well one spouse argues before a court, it could mean they “clean out” the other party and walk away with what seems like a disproportionate amount of money and other assets. If you were already wealthy before you got married, or if you and your spouse acquired a great deal of wealth during the marriage, this could potentially mean losing a significant amount in a divorce. That’s why if you or a loved one might be getting divorced in Atlanta, it’s vital you contact one of our firm’s experienced divorce attorneys. An attorney may be all that stands between you and losing everything you’ve worked for.
How is Equitable Distribution Determined?
Equitable does not mean “equal.” Instead, equitable means fair. In a divorce case, the court determines what is considered an equitable distribution of assets. They do this by considering a variety of factors, including but not necessarily limited to:
- The Needs of Each Party
- Each Party’s Contributions to the Marriage
- Each Party’s Ability to Support Themselves
- Each Party’s Future Needs
- The Lifestyle to Which Each Party Has Become Accustomed
What you consider equitable and what the court considers equitable may be two different things. For example, if you were the primary breadwinner during your relationship, you are entitled to a larger portion of your marital assets. For example, suppose you earn a great deal of money, and your spouse has become accustomed to a particular lifestyle supported by your earnings. You may feel entitled to more assets because you paid for them. However, a judge might rule that, because your former spouse is used to this lifestyle but cannot earn it for themselves, they are entitled to a larger portion of your assets in the divorce. That means, counterintuitively, that the more you financially supported your spouse, the more they may be able to argue for in a divorce. That’s why one of our divorce attorneys with asset protection experience is vital to protecting yourself.
Can a Prenuptial Agreement Protect My Assets?
One key method for protecting your assets is a prenuptial agreement. Prenuptial agreements are sometimes known as “what’s yours is yours and what’s mine is mine” agreements. A prenuptial agreement is a legal document laying out precisely what will happen to all of a couple’s assets if they ever get divorced. Many people oppose prenuptial agreements on what they view as moral grounds. They may see prenuptials as “unromantic.” Others may believe that signing a prenuptial is the same as predicting the marriage will fail. In truth, prenuptial agreements are just another form of insurance. No one who buys homeowner’s insurance wants their house damaged, but they want to be protected in the event it is. The same is true for a prenuptial agreement.
Even if you are already married, a prenuptial agreement may be an option in the form of a postnuptial agreement. A postnuptial is similar to a prenup except that it is signed after a couple is already married. Some people may feel ambivalent about signing a postnuptial agreement. If a marriage is going well, it may feel like a sign of trouble, or like one party is predicting something is about to go wrong. It may also feel like one party is working on a “getaway plan.” Like a prenuptial agreement, a postnuptial agreement should be looked at as a form of insurance.
Can Bank Accounts Protect My Assets?
In some instances, strategic bank account use may be beneficial. Keeping a separate bank account during your marriage can be a means of clearly delineating assets. This can become important later in the divorce in demonstrating your specific financial contributions as well as what assets are clearly yours.
A separate account also prevents your former spouse from accessing your money during the divorce. In the event you have a joint bank account, freezing the account in the early stages of a divorce can be essential to preventing your former spouse from emptying it. Failure to freeze a joint account in the event of a divorce could allow your former spouse to transfer the money to another account or withdraw it entirely.
Can A Trust Keep My Former Spouse from Accessing My Assets?
Another potential strategy to protect your assets during a divorce is to place them into a trust. A trust is a legal arrangement in which someone transfers ownership of certain assets to another party, called a trustee. The trustee then manages those assets according to instructions provided to them.
Trusts are frequently used as a tool in wills and inheritances. Because assets are the legal property of the trustee, they can quickly and easily distribute assets to beneficiaries as designated in a will. Similarly, if certain assets are the legal property of a trust, they may be protected from division during a divorce. One of our team’s skilled divorce attorneys can determine if a trust is a beneficial option for protecting your assets.
How Can I Protect My Assets in the Event of a Divorce?
Divorce can be intimidating. It can be especially frightening if you face the potential loss of a great deal of assets. With the attorneys at Washington Legal Group on your side, you don’t have to worry about a thing. Our legal team brings you our decades’ worth of collective legal experience. We work with each of our clients to determine the precise worth of all their assets and how to protect all of them in a divorce. Our legal strategies for securing your assets are courtroom-tested and of the highest quality. With Washington Legal Group on your side, you can breathe easy that a divorce won’t be the end of your financial security.
A divorce can be a fresh start. A new beginning doesn’t have to mean starting from scratch. With Washington Legal Group on your side, you can protect what’s yours in a divorce. If you or a loved one is currently going through or is considering getting a divorce, contact us today at 404-809-2394 to schedule your free case evaluation.
