22.122 Marital Property

22.122 Marital Property All other property that was acquired during the marriage and that was not purchased from sale or exchange of separate property is marital property that shall be subject to equitable division. Marital property is property that is acquired as a direct result of the labor and investments of the husband and/or the wife during the course of the marriage. To determine if property purchased or otherwise acquired during the marriage is marital property and therefore subject to being divided between the spouses or if it is the separate property of either the husband or the wife and is not subject to division of property, you must determine what was the source of the funds to purchase or acquire the property. The last day on which assets may be acquired so as to be considered marital assets is the day of the final decree of divorce. Campbell v. Campbell, 255 Ga. 461 (1986) Thomas v. Thomas, 259 Ga. 73 (1989) Friedman v. Friedman, 259 Ga. 530(2) (1989); overruled on other grounds, 268 Ga. 566 (1997) (Note: If there were moneys derived from personal injury awards or workers' compensation awards, note the rules of Dees v. Dees, 259 Ga. 177 (1989), Johnson v. Johnson, 259 Ga. 658 (1989).)