In a Pennsylvania divorce, property division is carried out in two distinct phases:
- Identifying Property Types:
The first step is to distinguish between marital property and separate property. - Equitable Distribution:
Next, the marital assets are divided fairly. Remember, “equitable” does not always mean an equal 50/50 split—it means a fair distribution based on the circumstances of the case.
Marital Property
- Definition:
Marital property encompasses all assets acquired during the marriage. - Appreciation of Non-Marital Assets:
It also includes any increase in the value of non-marital property, calculated up to the earlier of the date of separation or the equitable distribution hearing. - Title Irrelevance:
Who holds the title to the property does not affect its classification as marital property.
Separate Property
- Pre-Marriage Assets:
Any property acquired before the marriage is considered separate property. - Agreements Excluding Assets:
Property that the parties have validly agreed to exclude—whether the agreement was made before, during, or after the marriage—is treated as separate. - Gifts and Inheritances:
Assets received as gifts or through inheritance are deemed separate, except when the gift is explicitly intended for both spouses, in which case it becomes marital property. - Post-Separation Acquisitions:
Any property acquired after the final separation and before the divorce is finalized is regarded as separate property. - Veterans’ Benefits:
Veterans’ benefits are generally exempt from division, unless a veteran has waived a portion of military retirement pay to obtain compensation. - Settlement Awards:
Any award or settlement that accrues either before the marriage or after the final separation is classified as separate property. The key factor is the date when the cause of action accrued, not when the payment is received.
About Divorce Lawyer R. Badet
Divorce Lawyer R. Badet is a seasoned professional dedicated to assisting clients through every stage of the divorce process. His expertise covers both simple and complex divorces, including matters of spousal support, child support, and child custody. With extensive experience and a commitment to securing the best possible outcome for his clients, he offers knowledgeable guidance in family law matters. To learn more about your legal rights and options, please visit www.lawyersfordivorces.net or call for a free consultation.
Related Search Keywords
- divorce lawyers nearby
- divorce and family law attorney
- low income divorce lawyers near me
- international divorce lawyer near me
- reasonable divorce lawyers
- best rated divorce lawyers near me
- finding a good divorce lawyer
- find divorce attorney
- divorce and family lawyer near me
- divorce lawyers for men near me
- black divorce lawyers near me
- male divorce lawyers
- black divorce lawyers
- family law divorce lawyers
- contested divorce lawyer
Additional Keywords:
- best divorce lawyers
- best divorce lawyers near me
- child support attorney near me
- cheap divorce lawyers near me
- family court lawyers near me
- best divorce attorney
- family court attorney
- top divorce lawyers near me
- affordable child custody lawyers
- cheap family lawyers near me
- low income divorce lawyers
- family law firms near me
- divorce law firm
- cheap family lawyers
- cheap divorce near me