Kim Zolciak agreed on March 29, 2026 to sit for a deposition in boyfriend Kyle Mowitz's estimated $100 million divorce from estranged wife Jillian Green, according to TMZ. For Georgia residents, the development illustrates how non-parties — including new romantic partners — can be compelled to produce financial records and testify under oath when marital assets allegedly flowed to them during a divorce.
Key Facts
| Detail | Information |
|---|---|
| What happened | Kim Zolciak agreed to a deposition after subpoena from Jillian Green |
| When | Agreement reported March 29, 2026; coverage intensified week of April 10, 2026 |
| Where | Divorce proceedings involving Kyle Mowitz and Jillian Green |
| Estate value | Estimated $100 million marital estate in dispute |
| Scope demanded | Records of every gift, loan, transfer, and trip from Mowitz to Zolciak |
| Key protection | Deposition transcript sealed under protective order |
| Zolciak's own case | Simultaneously litigating Georgia custody battle with Kroy Biermann |
Why This Matters Legally
Third-party depositions of a spouse's new romantic partner are a standard discovery tool in high-asset divorce litigation. When one spouse alleges the other dissipated marital funds — spending community money on a paramour, lavish gifts, trips, or loans — courts routinely allow subpoenas of the recipient to trace those assets.
Jillian Green's legal team is pursuing what family lawyers call a dissipation claim. The theory: if Kyle Mowitz spent marital funds on Kim Zolciak between the date of separation (or during the marriage) and the final divorce decree, those expenditures may be credited back to Green's share of the $100 million estate. The subpoena's demand for records of every gift, loan, transfer, and trip reflects a textbook dissipation playbook — establishing the amount, purpose, and source of funds provided to a third party.
The protective order sealing Zolciak's transcript is also routine in high-profile cases. It allows full discovery while limiting public disclosure of financial details, a balance courts strike to prevent abuse of the subpoena process for media attention rather than legitimate asset tracing.
How Georgia Law Handles This
Georgia is an equitable distribution state, not a community property state. Under O.C.G.A. § 19-5-13, courts divide marital property equitably — meaning fairly, not necessarily equally. Georgia recognizes dissipation of marital assets as a factor that can shift the distribution percentages against the dissipating spouse.
Georgia courts apply a four-factor test developed through appellate case law to identify dissipation: (1) the expenditure occurred during the marriage or after separation, (2) the funds came from marital property, (3) the purpose was unrelated to the marriage, and (4) the spending was excessive relative to the couple's standard of living. Gifts to a romantic partner outside the marriage typically satisfy all four factors.
On the discovery side, O.C.G.A. § 9-11-45 governs subpoenas in Georgia civil cases and authorizes compelling testimony and documents from non-parties. A Georgia resident served with a proper out-of-state subpoena through the Uniform Interstate Depositions and Discovery Act — adopted in Georgia at O.C.G.A. § 24-13-110 through § 24-13-117 — generally must comply. Refusal carries contempt consequences including fines and, in rare cases, jail time.
Georgia also permits broad financial discovery under O.C.G.A. § 9-11-26, which allows parties to obtain any non-privileged information relevant to the case. In divorce, this routinely includes bank statements, wire transfers, credit card records, gift receipts, and travel itineraries — precisely the documents demanded here.
For Georgia residents watching this case unfold: if you are dating someone whose divorce is pending, assume every financial interaction between you can be subpoenaed and testified about under oath. Georgia courts will not shield a dating relationship from discovery when marital funds are implicated.
Practical Takeaways
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Document the source of any gifts or transfers. If you receive money, property, or paid travel from someone going through divorce, keep records showing whether the funds came from pre-marital accounts, separate property, or marital accounts.
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Respond to subpoenas promptly. Under O.C.G.A. § 9-11-45, ignoring a subpoena triggers contempt. If you believe a subpoena is overbroad, the proper response is a motion to quash — not silence.
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Request a protective order for sensitive financial records. Georgia courts will seal deposition transcripts and financial exhibits when good cause is shown, particularly for non-parties whose privacy interests are implicated.
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Retain independent counsel before testifying. Even as a non-party witness, statements under oath can create tax exposure, civil liability, or criminal risk — especially where large untracked cash transfers occurred.
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Do not destroy documents after a subpoena issues. Spoliation of evidence triggers adverse inference instructions and, in extreme cases, default judgment under Georgia precedent.
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Understand that dissipation claims extend pre-separation. Georgia courts can reach back years if evidence shows a spouse was concealing an affair or diverting marital funds during the marriage.
Frequently Asked Questions
Can a girlfriend be subpoenaed in a Georgia divorce?
Yes. Under O.C.G.A. § 9-11-45, any person with relevant information — including a new romantic partner — can be compelled to produce documents and testify at a deposition. Georgia courts routinely enforce such subpoenas when marital asset dissipation is alleged, as seen in the March 29, 2026 Zolciak agreement.
What is dissipation of marital assets in Georgia?
Dissipation is the waste or misuse of marital funds for a purpose unrelated to the marriage, typically during separation or in anticipation of divorce. Under O.C.G.A. § 19-5-13, Georgia courts can credit dissipated amounts back to the innocent spouse's share, effectively shifting distribution percentages by the dollar amount proven.
How much does a contested divorce deposition cost in Georgia?
Deposition costs in high-asset Georgia divorces typically range from $2,500 to $15,000 per witness when accounting for attorney preparation, court reporter fees ($400-$900 per day), videographer fees, and transcript costs. Complex cases with multiple non-party witnesses like the Mowitz matter can generate six-figure discovery bills.
Does Georgia require spouses to disclose gifts to third parties during divorce?
Yes. Georgia's mandatory financial disclosures under Uniform Superior Court Rule 24.2 require both spouses to itemize all transfers, gifts, and expenditures. Concealing transfers to a romantic partner violates the disclosure rules and can trigger sanctions, adverse inferences, and a larger equitable distribution award to the other spouse.
Can a protective order hide divorce deposition testimony from the public?
Yes. Georgia courts grant protective orders under O.C.G.A. § 9-11-26 when good cause is shown, sealing transcripts and limiting disclosure to the litigants and counsel. Kim Zolciak's March 2026 transcript is sealed under such an order, which is standard practice for non-party witnesses in high-profile family cases.
Considering a Georgia Divorce?
If you are navigating a Georgia divorce involving significant assets, a new romantic partner, or complex discovery issues, speak with a family law attorney licensed in your county. Every case turns on specific facts and statutes.
This article discusses recent news and provides general legal commentary. It does not constitute legal advice. Every case is unique. Consult a qualified family law attorney for advice specific to your situation.