In Pennsylvania, the division of property in a divorce is a two-step process. The court first determines what is marital property versus separate property, and then it proceeds with an equitable division of the marital assets.
Step 1: Determining Marital vs. Separate Property
- Marital Property:
Marital property includes everything acquired during the marriage, regardless of which spouse holds the title. This means:- Assets acquired during the marriage are considered marital property (e.g., homes, cars, bank accounts).
- Any increase in value of separate property during the marriage (up until the date of separation or the equitable distribution hearing, whichever is the lesser increase).
- Separate Property:
Separate property consists of assets that are not subject to division in a divorce, including:- Property acquired before the marriage.
- Property excluded by a valid agreement (such as a prenuptial or postnuptial agreement).
- Gifts or inheritances given specifically to one spouse (unless both spouses were recipients of the gift, in which case it becomes marital property).
- Property acquired after separation (but before the divorce is finalized).
- Veterans’ benefits, except in cases where a veteran waives part of their military retirement pay to receive compensation.
- Awards or settlement payments related to events before the marriage or after separation.
Note: The critical date in dividing property is when the cause of action for division of property “accrued,” not when the payment or asset was received.
Step 2: Equitable Division of Marital Property
In Pennsylvania, property is divided based on what is considered equitable, not necessarily equal. This means that the division of assets does not have to be a 50/50 split. Instead, the court will consider various factors to decide how to divide the property fairly. Factors may include:
- The length of the marriage.
- The age, health, and income of each spouse.
- The standard of living during the marriage.
- Contributions (both financial and non-financial) to the marriage.
- The economic circumstances of each spouse after the divorce.
Divorce Lawyer R. Badet
If you are going through a divorce in Pennsylvania and need assistance with property division, Divorce Lawyer R. Badet has the expertise to guide you through the process. With years of experience, Attorney R. Badet is well-versed in complex divorce matters, including property division, spousal support, child support, and child custody. He will work to achieve the best possible outcome for your case.
For a free consultation, call 267-277-2641 or visit www.lawyersfordivorces.net. Attorney R. Badet is known for his dedicated service and experience in family law matters.
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