In Pennsylvania, the division of property during a divorce involves two main steps: determining which property is marital property and which is separate property, and then making an equitable distribution of the marital property. The division is based on fairness, but equitable does not necessarily mean a 50/50 split.
1. What is Marital Property?
Marital property is any property acquired during the course of the marriage, regardless of who holds the title or whose name is on the property. The key features of marital property are:
- Property Acquired During the Marriage: This includes all property obtained during the marriage, whether it is purchased, earned, or acquired in any other form.
- Increase in Value of Non-Marital Property: If either spouse owned property before the marriage, any increase in the value of that property during the marriage (until the date of separation or the equitable distribution hearing, whichever is sooner) will be considered marital property.
- Title is Not Relevant: The name on the title or deed does not matter—what matters is when the property was acquired and its relationship to the marriage.
2. What is Separate Property?
Separate property is any property that is not considered marital property, and it typically remains with the spouse who owned it prior to the marriage or acquired it under special circumstances. Types of separate property include:
- Property Acquired Before the Marriage: Any property that was owned before the marriage remains separate, and it is not divided during the divorce.
- Valid Pre- or Post-Nuptial Agreement: If the parties entered into a valid agreement before, during, or after the marriage stating that certain property will remain separate, that property is not subject to division.
- Property Acquired by Gift or Inheritance: Property received by either spouse as a gift or inheritance is typically considered separate. However, if a gift is given to both spouses, it is classified as marital property.
- Property Acquired After Final Separation: Property obtained after the couple has separated, but before the divorce is finalized, is considered separate property.
- Veterans’ Benefits: Generally, veterans’ benefits are exempt from division, unless a veteran has waived a portion of their military retirement pay to receive disability compensation.
- Settlements and Awards: Any settlement or award received for claims that arose before the marriage or after final separation is considered separate property. The key date is when the cause of action “accrued,” not when the payment is received.
Equitable Distribution
Once the property is classified as marital or separate, the court will divide the marital property. The division is not always equal, but it must be equitable—meaning the court will aim to divide the property in a way that is fair to both parties based on factors like:
- The length of the marriage
- Each spouse’s contribution to the acquisition of marital property
- The economic circumstances of each spouse
- The age, health, and needs of each spouse
- The standard of living during the marriage
It is important to remember that equitable distribution takes into account both financial and non-financial contributions to the marriage, so the final division may not always be exactly 50/50.
Consult an Experienced Divorce Attorney
The division of property during a divorce can be complex and emotional. If you are going through a divorce, it is important to have an experienced divorce attorney to guide you through the process, protect your rights, and ensure you receive a fair share of marital property.
Attorney R. Badet is an experienced divorce lawyer with a deep understanding of Pennsylvania’s property division laws. He can help you navigate the complexities of dividing property during a divorce and ensure that you are treated fairly.
Contact Divorce Lawyer R. Badet for a free consultation:
- Phone: 267-277-2641
- Website: www.lawyersfordivorces.net
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