In Pennsylvania, resolving property issues during a divorce involves two core steps:
- Distinguish Marital vs. Separate Property
- Divide the Marital Property Equitably (not necessarily 50/50)
Identifying Marital Property
- Assets Acquired During the Marriage
Any property obtained by either spouse throughout the marriage is considered part of the marital estate. - Increase in Value of Non-Marital Property
If the value of non-marital property goes up during the marriage, that increase can be treated as marital property (up to the date of separation or the equitable distribution hearing, whichever produces the smaller increase). - Ownership Title Is Irrelevant
Whether an asset is titled in one spouse’s name or both names makes no difference if it was acquired during the marriage.
Identifying Separate (Non-Marital) Property
- Property Acquired Before Marriage
Anything owned by a spouse before the wedding remains separate property. - Excluded by Agreement
If the spouses have a valid agreement (prenuptial, postnuptial, or marital settlement) that excludes certain assets from the marital estate, those items remain separate. - Gifts or Inheritances
Assets received as a gift or inheritance belong solely to the recipient unless the gift was explicitly given to both spouses. - Property Acquired After Final Separation
Items obtained between the date of final separation and the date of divorce are generally treated as separate property. - Veterans’ Benefits
Veterans’ benefits typically cannot be attached unless the service member waived a portion of military retirement pay to receive compensation. - Legal Awards or Settlements Accrued Outside the Marriage
Any legal settlement or award that “accrued” before the marriage or after final separation remains separate property, regardless of when the actual payment is received.
Equitable Distribution
Once the court or the spouses (through negotiation) categorize which items are marital and which are separate, the marital assets are divided in an equitable manner. “Equitable” does not necessarily mean splitting the property down the middle but rather distributing it in a way deemed fair after evaluating factors like each spouse’s financial situation, contributions to the marriage, and overall needs.
Divorce Lawyer R. Badet
Divorce Lawyer R. Badet provides experienced, dedicated representation throughout each phase of divorce proceedings, including property division, spousal and child support, and custody matters. With extensive practice in both Family Law and Criminal Law, he is well-equipped to champion his clients’ best interests. For more details on protecting your legal rights, visit www.lawyersfordivorces.net or call for a free consultation.
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