In Pennsylvania divorces, the process of dividing property involves two primary steps. First, a clear distinction must be made between marital and separate property. Second, the marital assets are divided in an equitable manner, which does not necessarily mean an equal 50/50 split.
Marital Property
- Assets Acquired During the Marriage:
All property obtained by either spouse while married is considered marital property. - Increase in Value:
Any appreciation in the value of non-marital property up to either the date of separation or the equitable distribution hearing (whichever comes first) is also deemed marital. - Title Ownership Is Not Decisive:
The legal title of the property does not determine its classification; what matters is when and how it was acquired.
Separate Property
- Pre-Marriage Acquisitions:
Property owned by either spouse before the marriage remains separate. - Exclusion Agreements:
Any assets that are specifically excluded from the marital estate by a valid agreement—whether made before, during, or after the marriage—are treated as separate. - Gifts and Inheritances:
Items received by one spouse as a gift or inheritance are generally separate property, unless they were given jointly to both spouses, in which case they become marital assets. - Post-Separation Property:
Any property acquired after the couple has reached final separation, up to the divorce, is considered separate. - Veterans’ Benefits:
Typically, veterans’ benefits are protected from being divided, except in instances where a veteran has voluntarily waived a portion of their military retirement pay to receive compensation. - Pre- or Post-Marital Awards:
Settlement awards or judgments that accrue either before the marriage or after the final separation date are classified as separate property. (It’s important to note that the determining factor is when the cause of action arose, not when the payment was received.)
About Divorce Lawyer R. Badet
Divorce Lawyer R. Badet is a highly experienced attorney dedicated to assisting clients through every stage of the divorce process. His practice covers both straightforward and complex divorces, including matters of property division, spousal support, child support, and child custody. Known for his extensive litigation experience in both Family Law and Criminal Law, he is committed to achieving the best possible outcomes for his clients. For more information on your legal rights and options, visit www.lawyersfordivorces.net or call for a free consultation.
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