In a divorce in Pennsylvania, dividing property is a two-step process that involves determining what is marital property versus separate property and then equitably dividing the marital property. Here’s a breakdown of both:
1. Determining Marital vs. Separate Property
Marital Property
- What is included:
Marital property includes all property acquired during the marriage. This can include real estate, bank accounts, retirement accounts, and other assets accumulated while married. - Increase in value of non-marital property:
If one spouse owns property before the marriage (non-marital), any increase in the property’s value that occurs during the marriage (up to the date of separation or the equitable distribution hearing) is considered marital property. - Ownership title:
Who holds the title to the property is not relevant when determining whether property is marital or separate. Even if one spouse holds the title, the property may still be considered marital if it was acquired during the marriage.
Separate Property
- What is included:
- Property acquired before marriage: Any property you owned before the marriage remains separate property.
- Property acquired after separation: Any property that is acquired after the final separation date is separate property, as long as it’s not commingled with marital assets.
- Gifts or inheritance: Property that was acquired by one spouse through gift or inheritance during the marriage is typically separate property. Exception: If the gift or inheritance was given to both parties, it may be considered marital property.
- Valid pre-marital or post-marital agreements: If both spouses signed a valid agreement (e.g., prenuptial agreement) excluding certain property, that property remains separate.
- Veterans’ benefits: In most cases, veterans’ benefits are exempt from attachment and division unless a veteran has waived part of their military retirement pay to receive compensation.
- Awards or settlements: Any awards or settlement payments that arose before the marriage or after final separation remain separate property. The key date is when the cause of action accrued—not when the payment was received.
2. Equitable Division of Marital Property
- Equitable distribution:
Pennsylvania follows the principle of equitable distribution, meaning marital property is divided fairly, but not necessarily equally. The court considers a variety of factors when determining how to divide property, including:- The length of the marriage.
- The income and earning potential of both spouses.
- The age and health of both spouses.
- The contribution of each spouse to the marital property (both financially and through homemaking).
- The standard of living established during the marriage.
- The economic circumstances of each spouse at the time of the division.
Legal Help with Property Division:
Navigating property division in a divorce can be complex. It’s essential to ensure that all marital property is identified and properly valued. Divorce Lawyer R. Badet has experience helping clients with both simple and complex property division cases. Whether it’s determining what constitutes marital property or ensuring a fair distribution, you can count on his knowledge and skills.
For a free consultation and to learn more about your legal rights, visit www.lawyersfordivorces.net or call 267-277-2641.
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Let me know if you need more details on the property division process or further legal advice!