In Pennsylvania, dividing property during a divorce involves two main steps:
- Determining which assets qualify as marital property versus separate property.
- Distributing the marital property in a manner that is fair—note that “equitable” does not necessarily translate to a 50/50 split.
Marital Property
- Includes all property obtained during the marriage.
- Encompasses any increase in value of a non-marital asset—up to the date of separation or the date of the equitable distribution hearing, depending on whichever results in a lower increase.
- Title ownership (whose name appears on the deed or account) does not affect whether an asset is considered marital property.
Separate Property
- Assets acquired before the marriage.
- Any asset that the spouses have agreed, in a valid contract (prenup, postnup, or another formal agreement), is not part of the marital estate.
- Property received as a gift or through inheritance—unless the gift was explicitly intended for both spouses.
- Anything acquired after the final separation date until the divorce is finalized.
- Veterans’ benefits are typically off-limits for attachment, unless part of a veteran’s retirement pay has been waived in exchange for additional compensation.
- Any legal award or settlement tied to a cause of action that arose before the marriage or after final separation. The important factor is when the right to recover (the cause of action) came into existence, not the date the payment was actually received.
About Divorce Lawyer R. Badet
Divorce Lawyer R. Badet provides skilled representation through every phase of the divorce process, including both straightforward and more intricate cases. His services cover spousal support, child support, child custody, and property division. He leverages his extensive expertise to pursue the best possible outcomes for each client. Visit www.lawyersfordivorces.net or call for a complimentary consultation. He has many years of experience practicing in Family Law and Criminal Law, offering knowledgeable guidance in and out of court.
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