You may have spent years growing a business with your spouse — maybe you launched it together, maybe you funded it or maybe you supported your partner while they built it. Now that you’re facing divorce, one question rises to the surface: Are you automatically entitled to half?
It’s a common belief — and a deeply emotional one — especially if you and your spouse both feel you’ve had a hand in building the business. But under Georgia law, that effort does not always translate into an equal share.
What Georgia law says
Georgia doesn’t split everything down the middle. Instead, the court follows an equitable distribution model, which means it looks at what is reasonable based on your specific situation. That does not always mean equal, and it rarely means simple.
If the business was started during your marriage or if it grew in value while you were together, there’s a good chance the courts will consider it marital property. And once it’s labeled that way, it’s open for division.
But don’t assume division means a clean cut. The court looks at a mix of factors: who was running the business, how it was funded and how it supported the family. Even if your name is not on the paperwork, your involvement or your spouse’s might still count, just not always in the way you expect.
What “built together” means in court
Saying you “built the business together” may reflect your truth. But from a legal standpoint, the court will dig into what that looked like in practice. Did you sign legal documents, provide seed capital or manage day-to-day operations? Or did you support the business indirectly, like taking care of the household or sacrificing your own career?
While all of that may matter during property division, it won’t always result in a 50/50 ownership split. Courts — or mediators, if you settle privately — will try to untangle what is fair based on contribution, not just emotional equity. In high-asset cases, this process can involve complex business valuations, expert input and nuanced negotiation.
Get the clarity you need
When emotions run high, it’s easy to assume fairness means half. But in Georgia, the court is not looking for symmetry — it’s looking for balance. If a business is involved in your divorce, you need to know how your contributions — formal or informal — will be viewed under the law.
Don’t wait until things escalate. Whether you’re trying to protect what you’ve built or claim your fair share, talk to someone who understands the stakes of high-asset divorce. Your financial future could depend on it.
