In Pennsylvania, the division of property during a divorce involves two key steps:
- Determining What is Marital Property vs. Separate Property
- Making an Equitable Division of Marital Property (Note: “equitable” doesn’t necessarily mean a 50/50 split).
Marital Property:
Marital property is anything acquired during the marriage, including:
- Property Acquired During the Marriage: All assets and properties that were obtained during the marriage are considered marital property, regardless of who holds the title.
- Increase in Value of Non-Marital Property: If one spouse owns property before the marriage (e.g., a home or business), and its value increases during the marriage, that increase is considered marital property, up to the date of separation or the equitable distribution hearing (whichever results in the lesser increase).
- Ownership Title is Irrelevant: It doesn’t matter who holds the title of an asset; what matters is that the property was acquired during the marriage.
Separate Property:
Separate property is property that is not subject to division and includes:
- Property Acquired Before the Marriage: Any property owned by one spouse before they got married is considered separate property.
- Property Excluded by a Valid Agreement: Any property that was clearly excluded by a valid prenuptial, postnuptial, or separation agreement made before, during, or after the marriage is considered separate property.
- Gifts and Inheritances: Property acquired by either spouse as a gift or inheritance is separate property, unless the gift was specifically given to both spouses (in which case, it may become marital property).
- Property Acquired After Separation: Any property acquired after the final separation date, up until the divorce is finalized, is separate property.
- Veterans’ Benefits: These are exempt from being divided, except where the veteran waives part of their military retirement pay to receive compensation.
- Settlements or Awards: Any settlement or award (such as from a personal injury lawsuit) that occurred before the marriage or after separation is considered separate property.
Equitable Distribution:
While Pennsylvania is an equitable distribution state, it’s important to understand that “equitable” does not always mean “equal.” The courts consider a variety of factors when determining a fair division of marital property, which can include:
- The length of the marriage
- The economic circumstances of each party
- Contributions (both monetary and non-monetary) made by each spouse during the marriage
- The need for financial support
- Other relevant factors specific to the case
Divorce Lawyer R. Badet is an experienced attorney who can guide you through the complexities of property division in your divorce. Whether your case involves a simple division of assets or more complex issues, he is dedicated to obtaining the best possible outcome for your situation. Visit www.lawyersfordivorces.net or call 267-277-2641 for a free consultation. With extensive experience in both family law and criminal law matters, R. Badet is ready to help you navigate your divorce and ensure that your rights are protected.
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