In Pennsylvania, dividing property during a divorce follows a two-step process:
- Determining Marital vs. Separate Property – Courts classify assets as either marital property (to be divided) or separate property (belonging solely to one spouse).
- Equitable Distribution – The marital assets are divided fairly, though fair does not always mean 50/50. Instead, courts aim for a distribution that is just based on the circumstances.
Marital Property
Marital property includes:
- All property acquired during the marriage, regardless of whose name is on the title.
- Any increase in value of separate property from the date of marriage until separation or the equitable distribution hearing (whichever date results in a lower increase).
- Retirement benefits, investments, and real estate accumulated during the marriage.
Key Consideration: Title ownership does not matter—if an asset was acquired during the marriage, it is typically considered marital property.
Separate Property
Some assets are considered separate property and are not subject to division:
- Property acquired before the marriage remains separate unless it is commingled with marital assets.
- Assets excluded by a valid prenuptial or postnuptial agreement remain separate.
- Gifts and inheritances received by one spouse alone are separate.
- Exception: If a gift was given to both spouses, it becomes marital property.
- Property acquired after final separation is considered separate.
- Veterans’ benefits are generally protected from division, except when a veteran waives part of their military retirement pay to receive compensation.
- Personal injury settlements or awards are separate if the cause of action accrued before marriage or after separation—regardless of when the payment was received.
Key Consideration: The date the claim arose (not when payment was received) determines whether an award is marital or separate property.
Expert Legal Representation for Property Division
Dividing assets in a divorce can be complex, requiring legal expertise to ensure a fair and equitable distribution. Attorney R. Badet has years of experience handling property division, spousal support, child custody, and divorce litigation. He works closely with clients to protect their assets and secure the best possible outcome.
📞 Call (267) 277-2641 for a free consultation!
🔗 Visit: www.lawyersfordivorces.net
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If you are facing a divorce in Philadelphia and need assistance with equitable property division, child custody, or spousal support, securing a skilled attorney is essential. Contact Attorney R. Badet today for expert legal guidance.