When a married couple in Pennsylvania decides to divorce, the courts handle property division in two distinct stages:
- Identify Marital vs. Separate Property
- Equitably Distribute the Marital Property
- Importantly, “equitable” does not necessarily mean an even 50/50 split.
Marital Property
- Acquired During Marriage
Any asset obtained while the couple was legally married is typically viewed as marital property. - Increases in Value
Growth in the value of a spouse’s separate (non-marital) asset during the marriage may be considered marital, but only up to the date of separation or the equitable distribution hearing—whichever amount of growth is lower. - Ownership Title
Who officially holds the title does not affect whether property is labeled marital or separate.
Separate Property
- Property Owned Before Marriage
Anything either spouse already had prior to the wedding remains separate. - Agreements
Any assets that a couple has validly excluded from the marital estate (e.g., in a prenuptial or postnuptial agreement) are treated as separate. - Gifts or Inheritances
Inheritances or gifts received by one spouse remain separate, unless the gift was explicitly given to both partners. - Post-Separation Acquisitions
Once the spouses have officially separated, newly acquired property is generally considered separate. - Veterans’ Benefits
These are usually off-limits, except in cases where a veteran swaps part of their military pension for additional compensation. - Legal Awards or Settlements
If the claim giving rise to an award or settlement “accrued” before the marriage or after the couple’s final separation, the resulting payment is deemed separate. The decisive factor is when the legal basis for the claim originated, not the date of the actual payout.
Divorce Lawyer R. Badet
Divorce Lawyer R. Badet guides clients through every phase of the divorce process, tackling straightforward and more intricate cases that may involve spousal support, child support, and child custody. With comprehensive knowledge of divorce law, he works diligently to secure the best outcomes possible. For more details on your rights and options, visit www.lawyersfordivorces.net or call to arrange a free consultation. He is a well-respected, seasoned litigator experienced in both Family Law and Criminal Law matters.
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