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What Kanye and Kim's Divorce Can Teach Us About Divorce in Georgia?

Laws in each state are different. One thing that it can teach us is that having a prenuptial agreement (more formally knowns as Antenuptial Agreements) [1]is a good idea. Even if you don’t have Kim and Kanye level of wealth it is a good idea to plan and it makes divorcing easier should it happen. Additionally, how each state separates property makes a difference. Georgia is an equitable division state[2] vs common property states like California. Also, is alimony[3] can be a factor in divorce, and what does it mean for those who need alimony.

What's a prenup?

A prenuptial agreement is a contract that couples have before they get married. It's like a safety net in case the marriage goes south. In these situations, it can be good to include terms that protect one or both parties against financial losses (like, for example: "I will make all of my money available to you if we divorce"). Plus, it can also just be nice to know what will happen if the relationship fails at some point in the future, so you're not blindsided when it inevitably does.

How is property divided between Georgia?

Georgia is an equitable division property state. That means that marital assets should ideally be split 50/50 (whereas in community property states all marital assets are divided 50/50). But as we all know, life is rarely ideal and not everything can be split down the middle perfectly. The court will make its division based on several factors including but not limited to:

  • How long were you married? (If the marriage was extremely short-lived – like 72 days – no need to start splitting things up yet)

  • What each spouse has brought into the household during your union?

  • The age and health of both parties involved.

If a couple has been married for a long time, does it matter how they divide the property?

If you’ve been married a long time and decide to divorce, does it matter how the property—such as the house or car is divided?

My answer is Kanye shrug. Yes and no.

Of course, it matters how you divide your property in a divorce case. The longer you’re married, the more likely it is that the court will divide your property equally. But judges still have discretion over how to divide your marital assets in Georgia. So, if you’ve been married for 40 years and have one house left, a judge may not require you to sell the house just so they can split the equity 50-50; instead, that judge might let one of y’all keep the house—but only if that person pays off whatever money is owed on it as quickly as possible.

Can the judge assign spousal support or alimony to one partner in Georgia?

Spousal support commonly known as alimony is a monthly payment from one party to the other after the divorce. The court can award spousal support for a limited or indefinite period depending upon the circumstances of each case. To determine if you are entitled to spousal support, your attorney will discuss your needs and your former spouse’s ability to pay.

Whether or not one party receives spousal support may depend on several factors, including:

  • Need (income, earning potential, education level, employment history); and

  • Ability to Pay (income, earning potential).

Do celebrities divorce differently than the rest of us?

Divorce is never easy. When the average person divorces, it’s usually fraught with emotion and difficult circumstances. Not so much for celebrities. You may wonder how is that possible? Well, they just deal with issues differently than we do because they have a lot of money, and their divorces are well-publicized in tabloids and gossip magazines.

They also have complicated issues that most of us don't have to deal with during a divorce. For example, how does Kim Kardashian’s Keeping Up With the Kardashians show factor into everything? There’s also the question of Kanye West being diagnosed as bipolar and how does that affect his custody case? Celebrities are used to getting their way so this can lead to bitter conflict during divorce cases when two people who were once in love want everything but still want to get out of their marriage fast.

Kanye and Kim are getting divorced, but their unique circumstances have very little to do with real life.

As you may have heard, Kanye West and Kim Kardashian are getting divorced. If you’re like many people, you probably think that their divorce is a pretty big deal. But it’s worth noting that, despite the amount of press this high-profile celebrity couple gets, their marital problems are not all that different from those experienced by regular everyday couples in Georgia.

Here’s why: celebrities get divorced just like everyone else. Although some people may be under the impression that celebrities live lives very different from our own, this is not always true when it comes to marriage and divorce. After all, stars need to eat just like normal people do; they don’t have superpowers; and they have human emotions just like anyone else does (often more so).

It goes without saying that Kanye and Kim are in an unusual position because of their fame, net worth, and relationship history—but these differences between them and the average person come with certain advantages as well as disadvantages. For example:

  • More money = less stress about finances during divorce

  • More money = easier to afford legal representation for your divorce (negatively)

  • More famous = bigger media spotlight on your divorce (negatively)

It is not easy for anyone to divorce regardless of the situation. We are here to help you navigate. You can give us a call at (404) 654-3782 to speak with an attorney and determine what’s your best course of action.

[1] O.C.G.A. § 19-3-62 and Scherer v. Scherer, 249 Ga. 635 (1982) [2] O.C.G.A. § 19-5-13 and Fuller v. Fuller, 621 S.E.2d 419 (Ga. 2005) [3] O.C.G.A. 19-6-1


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