For a consensual divorce are assets typically split based on the valuation as of date of separation or the date of the divorce filing?

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For a consensual divorce are assets typically split based on the valuation as of date of separation or the date of the divorce filing?

Asked on August 4, 2011 Georgia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

This question is not a simple one to answer.  First, I assume that when you say consensual you mean that you are amicably splitting up.  Second, marital assets are split "equitably" under Georgia law and not "equally."   Are you having the  assets appraised?  Is that why you are in the need to pick a date?  There are some questions I have about the separation.  Was it for months or years?  Have the assets increased so much that it would matter?  If you are agreeing on the distribution of the assets (rather than a Judge ordering it) then   you can agree on a date to value the assets.  Please get legal help here.  This is really not easy.  Good luck.


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