Division of Property – Philadelphia Divorces

In Pennsylvania, the process of dividing property in a divorce involves two main steps:

  1. Determining which properties are marital and which are separate.
  2. Equitably dividing the marital property. It’s important to note that “equitable” doesn’t always mean an equal 50/50 split.

Marital Property:

  1. Marital property includes all assets acquired during the marriage.
  2. It also encompasses any increase in the value of separate property, up to the date of separation or the equitable distribution hearing, whichever shows the lesser increase.
  3. The ownership title of the property does not affect whether it is marital or separate property.

Separate Property:

  1. Property obtained before the marriage is considered separate.
  2. Any property explicitly excluded by a valid agreement made before, during, or after the marriage is separate.
  3. Property received by gift or inheritance is separate unless the gift was given to both spouses, in which case it becomes marital property.
  4. Property acquired after final separation until the divorce is finalized remains separate.
  5. Veterans’ benefits are exempt from attachment, except when a veteran has waived part of their military retirement to receive compensation.
  6. Any award or settlement received before the marriage or after the final separation date is separate property. It’s important to note that the crucial date is when the cause for the award or settlement arose, not when the payment was received.

Divorce Lawyer R. Badet is an experienced divorce attorney who provides expert guidance at every step of the divorce process. His services include handling simple and complex divorces, spousal support, child support, and child custody cases. With deep legal knowledge and a focus on achieving favorable outcomes, Divorce Lawyer R. Badet ensures clients receive the support they need. For more information on your legal rights and options, visit his website at www.lawyersfordivorces.net or call for a free consultation. With many years of experience in both Family Law and Criminal Law, he is a highly respected and skilled attorney.