In a Pennsylvania divorce, the division of property follows two main steps:
- Determining which assets are marital property and which are separate property.
- Ensuring an equitable division of the marital property (note that “equitable” does not always mean a 50/50 split).
Marital Property:
- Marital property consists of all assets 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 shows the lesser increase.
- The titleholder of the property is irrelevant in determining whether it is marital or separate property.
Separate Property:
- Property acquired before the marriage is considered separate property.
- Any property excluded by a valid agreement made before, during, or after the marriage is separate property.
- Property received as a gift or inheritance is separate property, unless it was given to both spouses, in which case it becomes marital property.
- Property acquired after final separation but before the divorce is separate property.
- Veterans’ benefits are exempt from division, except in cases where a veteran has waived part of their military retirement to receive compensation.
- Any award or settlement received before the marriage or after the final separation date is separate property. (The important date is when the cause for the award or settlement occurred, not when the payment was received.)
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