In Pennsylvania, the division of property during a divorce involves two key steps: determining what is marital property versus separate property, and making an equitable distribution of the marital property. Importantly, equitable distribution does not always mean a 50/50 split.
1. Determining Marital Property vs. Separate Property
Marital Property:
- Definition: Marital property includes all property acquired during the marriage, regardless of which spouse holds the title to the property.
- Includes:
- All property or assets earned or acquired during the marriage.
- Any increase in value of separate property (such as real estate, business interests, or investments) during the marriage, up until the date of separation or the equitable distribution hearing, whichever is earlier.
- Ownership title: The name on the title doesn’t matter—whether it’s in one spouse’s name or both.
- Includes:
Separate Property:
- Definition: Separate property includes assets that are excluded from division in a divorce.
- Includes:
- Property acquired before the marriage.
- Property acquired by gift or inheritance (unless the gift was given to both spouses).
- Any property excluded by a valid agreement (e.g., prenuptial or postnuptial agreements) entered into by the parties.
- Property acquired after the date of final separation (this is the date when the couple separates for legal purposes, not necessarily physical separation).
- Veterans’ benefits (except when a veteran has waived a portion of military retirement pay for compensation).
- Awards or settlements from claims arising before the marriage or after the final separation date.
- Includes:
2. Equitable Distribution:
Once marital property is identified, the court will proceed with an equitable division of the property. This means the court will divide the property in a way that is fair, but it doesn’t necessarily mean an even 50/50 split.
Factors considered in equitable distribution include:
- The length of the marriage.
- The age, health, and financial situation of both parties.
- Contributions to the marriage, both financial and non-financial.
- The needs of the custodial parent if there are children.
- Any other relevant factors, such as the economic circumstances of each party.
Divorce Lawyer R. Badet
Attorney R. Badet is a highly experienced divorce lawyer committed to assisting clients throughout every stage of the divorce process. His practice includes simple and complex divorces, as well as issues such as spousal support, child support, and child custody. With a deep understanding of Pennsylvania’s divorce laws, he is dedicated to achieving the best outcomes for his clients in family law matters.
For more information or to schedule a free consultation, visit www.lawyersfordivorces.net or call 267-277-2641.
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