Division of Property in Philadelphia Divorces

In Pennsylvania, the division of property during a divorce follows a two-step process:

Distinguishing marital property from separate property.
Equitably dividing marital property. (Note: “Equitable” does not always mean a 50/50 split).

Marital Property

Marital property includes:

All assets acquired during the marriage, regardless of whose name is on the title.
Any increase in value of non-marital property (measured up to the date of separation or equitable distribution hearing, whichever results in a lesser increase).
Ownership title is irrelevant—if acquired during the marriage, it is generally considered marital property.

Separate Property

Assets classified as separate property include:

Property acquired before marriage.
Assets specifically excluded by a valid prenuptial, postnuptial, or marital agreement.
Gifts or inheritances received by one spouse.
- Exception: If the gift was given to both spouses, it is considered marital property.
Assets acquired after final separation but before the divorce is finalized.
Veterans’ benefits (unless a portion of military retirement pay was waived in exchange for compensation).
Legal settlements or awards accrued before marriage or after final separation.
- Key Date: The court considers when the right to the settlement “accrued,” not when the payment was received.

Experienced Divorce Lawyer in Philadelphia

Attorney R. Badet is a skilled divorce and family law attorney committed to guiding clients through the complexities of property division, child support, spousal support, and custody matters. Whether handling simple or high-asset divorces, he ensures a fair and favorable outcome for his clients.

For expert legal advice, visit www.lawyersfordivorces.net or call 267-277-2641 for a free consultation today.

Marital Property

Separate Property

Experienced Divorce Lawyer in Philadelphia

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