Estate & Legal
Valuation Date Disputes in Divorce
The date matters as much as the property — here's why, and who actually decides it.
"As of what date?" is one of the most consequential questions in a divorce property valuation — and it's frequently the actual point of disagreement, not the property itself.
Three Dates That Commonly Come Up
Date of Separation
Some parties argue the relevant value should reflect when the marriage effectively ended, particularly if one spouse believes value changed significantly afterward.
Date of Filing
Others point to when the divorce complaint was filed as the more administratively clear, consistent reference point.
Date of Trial or Settlement
In some cases, the most current value — closer to when the case is actually resolved — is considered the most relevant, particularly in a fast-moving market.
Why the Date Changes the Number
Every appraisal is tied to a specific effective date, and comparable sales data, market conditions, and even the property's own condition can shift meaningfully between dates that are only months apart. A property appraised as of last year's separation date may reasonably differ from the same property appraised as of this year's trial date.
The Appraiser's Role Is Narrow Here
An appraiser develops a supportable value as of whatever effective date the assignment specifies — they don't decide which date Georgia law requires or which date is more favorable to either party. That determination belongs to the parties' attorneys or the court.
What This Does Not Mean
This isn't legal advice about which effective date applies to your divorce, and an appraiser won't argue for one date over another on a party's behalf — that determination and any related advocacy belongs to your attorney.
Frequently Asked Questions
This information is provided for general educational purposes and is not legal advice. Consult a family law attorney for guidance specific to your case.