In Pennsylvania, the division of property in a divorce is governed by two primary steps:
- Determining Marital vs. Separate Property
- Equitably Dividing the Marital Property
Let’s break down these steps and the types of property involved in a divorce:
Step 1: Determining Marital Property vs. Separate Property
The first step is identifying which assets are considered marital property (which will be divided between the spouses) and which are separate property (which will remain with the original owner).
Marital Property
- All property acquired during the marriage is considered marital property, even if the title is in one spouse’s name.
- Increase in value of non-marital property during the marriage is considered marital property. For example, if one spouse owned a property before the marriage and its value increased during the marriage, the increase in value is marital property, up until the date of separation or the equitable distribution hearing.
- Title ownership does not matter. Whether the property is titled in one spouse’s name or both spouses’ names, it is the source and time of acquisition that matters in determining if it’s marital.
Separate Property
- Property acquired before the marriage is considered separate property.
- Property excluded by a valid prenuptial, postnuptial, or other valid agreement made before, during, or after the marriage is separate property.
- Property acquired by gift or inheritance during the marriage is separate property, unless the gift was specifically given to both spouses, in which case it becomes marital property.
- Property acquired after final separation is separate property.
- Veterans’ benefits are exempt from division, except in cases where a veteran has waived part of their military retirement pay to receive compensation.
- Awards or settlement payments made before the marriage or after the date of final separation are considered separate property. It’s important to note that the key date for determining separate property is when the cause of action for the award or settlement accrued, not when the payment was actually received.
Step 2: Equitable Division of Marital Property
Once the marital property has been identified, the next step is dividing it. Pennsylvania follows an equitable distribution model. This means that property is divided fairly but not necessarily equally. The court will look at a variety of factors to ensure the distribution is fair and just, including:
- The length of the marriage
- The age, health, and earning capacities of each spouse
- The contributions each spouse made to the acquisition or preservation of the property, including contributions as a homemaker
- The economic circumstances of each spouse at the time of division
- The tax consequences of dividing the property
- Whether one spouse will have custody of minor children and how that impacts the division of property
- The value of separate property, including inheritance and gifts, that may affect the distribution of marital assets
While the division of assets should be equitable, it does not always mean a 50/50 split. The court has discretion based on the unique circumstances of the case.
Conclusion
The division of property in a divorce can be complex, as it involves understanding what qualifies as marital or separate property and ensuring a fair distribution of marital assets. If you are facing a divorce and have questions about property division, it’s crucial to consult with an experienced divorce lawyer.
Contact Divorce Lawyer R. Badet:
If you need guidance through the property division process in your Pennsylvania divorce, Attorney R. Badet is here to help. With extensive experience handling both simple and complex divorces, Attorney Badet can guide you through every stage of the process, from property identification to equitable distribution.
Free Consultation: Visit www.lawyersfordivorces.net or call 267-277-2641 for legal support. Attorney R. Badet offers comprehensive legal services in family law, including divorce, child custody, and property division.
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