Under Pennsylvania law, dividing property in a divorce involves two main steps:
- Classify Assets
Determine which assets qualify as marital property and which remain separate. - Equitably Distribute Marital Assets
Once marital property is identified, it is divided fairly—this does not necessarily mean splitting it 50/50.
Marital Property
- Acquired During Marriage
All assets obtained during the marriage are generally considered marital property. - Increased Value of Non-Marital Property
Any appreciation in value of separate property (measured up to the separation date or the equitable distribution hearing, whichever yields the smaller increase) is included in the marital estate. - Irrelevance of Title
Ownership labels do not determine whether property is marital or separate.
Separate Property
- Owned Before Marriage
Property held by a spouse prior to the marriage remains separate. - Property Excluded by Agreement
Items specifically excluded by a valid contract (before, during, or after the marriage) retain their separate status. - Gift or Inheritance
Gifts or inheritances given to one spouse remain separate, except when explicitly given to both spouses. - Post-Separation Acquisitions
Assets obtained after the final separation date and before the divorce is finalized are separate. - Veterans’ Benefits
These are generally shielded from attachment unless a veteran has waived part of military retirement pay to receive compensation. - Settlement or Award
Any award or settlement that accrues before the marriage or after final separation is deemed separate. The key factor is when the right to the claim arose, not the date of payment.
About Divorce Lawyer R. Badet
Divorce Lawyer R. Badet offers comprehensive guidance throughout the divorce process—handling everything from straightforward to complex divorces, spousal support, child support, and custody disputes. His legal acumen and extensive litigation experience in both Family Law and Criminal Law enable him to pursue the best possible results for each client. Visit www.lawyersfordivorces.net or call for a free consultation to learn more about your rights and options.
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