In Pennsylvania, the property division process during a divorce involves two main steps:
- Determining which property is marital and which is separate.
- Making an equitable distribution of marital property, keeping in mind that “equitable” does not always mean a 50/50 split.
Marital Property:
- Marital property includes all property acquired during the marriage.
- It also includes any increase in the value of separate property (up to the date of separation or the equitable distribution hearing, whichever is earlier).
- The title of the property owner is not a determining factor.
Separate Property:
- Property acquired before the marriage is considered separate property.
- Any property that was excluded from the marital estate by a valid agreement made before, during, or after the marriage is separate property.
- Property received as a gift or inheritance is separate property, except if the gift was given to both spouses, in which case it becomes marital property.
- Property acquired after the final separation but before the divorce is separate property.
- Veterans’ benefits are generally exempt from division, except when a veteran has waived part of their military retirement pay to receive compensation.
- Any award or settlement received before the marriage or after the final separation date is considered separate property. (Note: the key date is when the cause for the award or settlement occurred, not when it was received.)
Divorce Lawyer R. Badet is an experienced attorney, dedicated to assisting clients throughout the divorce process, whether the case is simple or complex. His practice focuses on divorces, spousal support, child support, and child custody. Visit his website at www.lawyersfordivorces.net or contact him for a free consultation. With extensive litigation experience, he is a highly respected attorney in both Family Law and Criminal Law matters.