[GA] Can my husband take everything from me if I divorce him?
I’m in a verbally, mentally, and emotionally abusive relationship. My husband is retired and still receives more money a month through his Social Security than I make. When he’s really angry with me, he threatens to leave me and take everything so I have nowhere to go and nothing. This always scares me. We keep our money separate and pay bills proportionally based on our personal income.
I have so much debt from college and credit cards and live paycheck to paycheck. For reference, I live in the state of Georgia. All I want is freedom and stability, but I’m scared I’ll have to uproot the aspects of my life and things I’ve worked so hard for and love. I’m even scared he’ll take my cats and my car.
He’s caused me to develop a drinking issue and so much stress that I’ve picked up my thumbnails to the point I have to go to a dermatologist to have them removed. Things weren’t so bad when he was working as a truck driver and was home only on weekends. Now he’s home all day, doesn’t do anything around the house, and then whines at me that I don’t do more when I work full-time.
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Your friend is correct: your husband can’t just “take everything.” That’s not how it works in Georgia.
When a couple divorces in Georgia, the law requires equitable distribution of marital assets and debts. That doesn’t always mean 50/50—it means what’s fair based on your specific situation. The court looks at things like the length of your marriage, financial circumstances, and each person’s contributions to the household, both financially and otherwise. (GA Code § 19-5-13)
Anything acquired during the marriage—regardless of whose name is on it—is generally considered marital property. This includes your house, vehicles, bank accounts, investments, and furniture. Exceptions include things you owned before marriage or gifts/inheritances meant solely for you.
Your student loans and pre-marital debt would likely remain your responsibility, but any debt taken on during the marriage could be considered joint.
Your husband’s Social Security income can’t be split directly, but it can affect how assets are divided or whether you may be eligible for spousal support (alimony). Based on what you’ve described—his higher income, your debt, and the emotional impact of the relationship—you likely have a strong argument for alimony, especially if your marriage is long-term. The court considers your health, age, and standard of living during the marriage when determining alimony.
Regarding your pets, Georgia law technically treats them as property, but courts increasingly look at who provides care. If you’re the one feeding, vetting, and caring for them, collect proof—receipts, vet bills, photos, etc.—to strengthen your case.
Your car will be treated the same way. If you bought it before marriage, it’s likely yours. If during marriage, it may be marital property—but any loan balance will also be factored in.
Above all, your safety comes first. If there’s any chance you’re in danger, please don’t wait to get help. Keep a detailed record of threats or incidents and gather financial documents—bank statements, tax returns, pay stubs, anything that shows your contributions.
You mentioned money is tight. Georgia has several free legal aid resources, including:
- Georgia Legal Services Program (GLSP) – for areas outside Atlanta.
- Atlanta Legal Aid Society (ALAS) – for those in the metro area.
- Georgia Victim Legal Assistance Network – for abuse survivors needing legal protection.
If you need domestic violence support, contact the Georgia Coalition Against Domestic Violence (1-800-334-2836) or the National Domestic Violence Hotline (1-800-799-7233).
If you’re worried about your pets, Ahimsa House (Georgia-based) helps domestic violence survivors escape safely with their animals.
It’s wise to create a safety plan—pack a small bag with essentials (documents, medication, keys, pet supplies, cash) and keep it somewhere secure or with a trusted friend. Know where you can go if you have to leave quickly.
And if you have low income, you can search Google for your county’s legal aid office—many offer free help.
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I’m in a verbally, mentally, and emotionally abusive relationship. My husband is retired and still receives more money a month through his Social Security than I make. When he’s really angry with me, he threatens to leave me and take everything so I have nowhere to go and nothing. This always scares me. We keep our money separate and pay bills proportionally based on our personal income.
I have so much debt from college and credit cards and live paycheck to paycheck. For reference, I live in the state of Georgia. All I want is freedom and stability, but I’m scared I’ll have to uproot the aspects of my life and things I’ve worked so hard for and love. I’m even scared he’ll take my cats and my car.
He’s caused me to develop a drinking issue and so much stress that I’ve picked up my thumbnails to the point I have to go to a dermatologist to have them removed. Things weren’t so bad when he was working as a truck driver and was home only on weekends. Now he’s home all day, doesn’t do anything around the house, and then whines at me that I don’t do more when I work full-time.
Lexi, Chatbot
I’m so sorry to hear about what you’re going through. Have you considered seeking legal help or counseling for your situation?
I already go to therapy, and this is often a topic of discussion. I’m just afraid to say I want a divorce. He wants to ruin me. Also, I can’t afford legal aid.
Lexi, Chatbot
Are you looking for advice on how to protect yourself and your assets in this abusive relationship?
Yes.
Lexi, Chatbot
Is there anything else the lawyer should know before I connect you? Rest assured they’ll be able to help with your abusive relationship.
Yes.
Jon
Hello, and thank you for reaching out! I’m Jon, a licensed attorney with over 13 years of experience, and I’m here to help.
I know legal matters can feel overwhelming, but you’re in good hands. I’ll do my best to make things clear and provide you with the guidance you need. Let’s work together to find the right solution for your situation.
You want to get divorced but want to know what you would be entitled to?
I’m just afraid he’ll take everything from me and I won’t have a home or car. He threatens that when he gets angry. I live in Georgia, and I have a friend who’s a detective who assures me my husband can’t just take everything because it’s 50/50. I do see a therapist and discussed this with him. Yesterday, he seemed very concerned I might be reaching a breaking point. I just need stability, but I need to be away from my husband. He’s wearing me down.
Jon
I can address that all for you. I think I have the information I need, but is there anything else you’d like to add before I start?
Yes. And I cannot afford a lawyer if he comes after me and tries to ruin me and take everything (which he often says). You’re good to go.
Jon
Your friend is correct: your husband can’t just “take everything.” That’s not how it works in Georgia.
When a couple divorces in Georgia, the law requires equitable distribution of marital assets and debts. That doesn’t always mean 50/50—it means what’s fair based on your specific situation. The court looks at things like the length of your marriage, financial circumstances, and each person’s contributions to the household, both financially and otherwise. (GA Code § 19-5-13)
Anything acquired during the marriage—regardless of whose name is on it—is generally considered marital property. This includes your house, vehicles, bank accounts, investments, and furniture. Exceptions include things you owned before marriage or gifts/inheritances meant solely for you.
Your student loans and pre-marital debt would likely remain your responsibility, but any debt taken on during the marriage could be considered joint.
Your husband’s Social Security income can’t be split directly, but it can affect how assets are divided or whether you may be eligible for spousal support (alimony). Based on what you’ve described—his higher income, your debt, and the emotional impact of the relationship—you likely have a strong argument for alimony, especially if your marriage is long-term. The court considers your health, age, and standard of living during the marriage when determining alimony.
Regarding your pets, Georgia law technically treats them as property, but courts increasingly look at who provides care. If you’re the one feeding, vetting, and caring for them, collect proof—receipts, vet bills, photos, etc.—to strengthen your case.
Your car will be treated the same way. If you bought it before marriage, it’s likely yours. If during marriage, it may be marital property—but any loan balance will also be factored in.
Above all, your safety comes first. If there’s any chance you’re in danger, please don’t wait to get help. Keep a detailed record of threats or incidents and gather financial documents—bank statements, tax returns, pay stubs, anything that shows your contributions.
You mentioned money is tight. Georgia has several free legal aid resources, including:
- Georgia Legal Services Program (GLSP) – for areas outside Atlanta.
- Atlanta Legal Aid Society (ALAS) – for those in the metro area.
- Georgia Victim Legal Assistance Network – for abuse survivors needing legal protection.
If you need domestic violence support, contact the Georgia Coalition Against Domestic Violence (1-800-334-2836) or the National Domestic Violence Hotline (1-800-799-7233).
If you’re worried about your pets, Ahimsa House (Georgia-based) helps domestic violence survivors escape safely with their animals.
It’s wise to create a safety plan—pack a small bag with essentials (documents, medication, keys, pet supplies, cash) and keep it somewhere secure or with a trusted friend. Know where you can go if you have to leave quickly.
And if you have low income, you can search Google for your county’s legal aid office—many offer free help.
Thanks. My therapist gave me the same advice about calling someone or going somewhere safe, and I have a plan. What scares me most is that he has this evil intention to try to ruin me and leave me with nothing if we split. Your advice is very helpful—and I didn’t know there were places that let you take your animals.
Jon
I’m glad to hear you have a plan and that my advice about pet-friendly shelters helped. It’s completely understandable to feel afraid that he might try to ruin you—that fear is valid and real.
You’re taking important steps to protect yourself and your future. Knowing where you and your animals can go provides both safety and peace of mind. Keep prioritizing your safety and emotional well-being as you move forward.
Jon
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