In Pennsylvania, dividing property in a divorce typically involves two steps:
- Classifying Property – Determining which assets are “marital property” and which assets remain “separate property.”
- Equitable Distribution – Dividing marital property in a way that is fair, though not necessarily an even 50/50 split.
Marital Property
- Assets Acquired During the Marriage
Any property obtained while the couple is married is generally considered marital property. - Increase in Value of Separate Property
If separate (non-marital) property appreciates in value during the marriage, the increase (up to the earlier of the date of separation or the date of the equitable distribution hearing) is treated as marital property. - Ownership Title Is Irrelevant
Marital property belongs to the marriage, regardless of whether a particular asset is titled in only one spouse’s name or jointly.
Separate Property
- Pre-Marital Assets
Any property a spouse owned before the marriage is typically excluded from marital property. - Property Excluded by Agreement
If both parties sign a valid agreement (before, during, or after the marriage) that designates certain assets as separate, those assets will not be deemed marital property. - Gifts and Inheritances
In general, anything received as a gift or inherited by one spouse remains separate property.- Exception: If a gift was clearly intended for both spouses, it becomes marital property.
- Post-Separation Acquisitions
Property acquired after the final separation date (up until the divorce is finalized) is generally considered separate property. - Veterans’ Benefits
These are not subject to attachment, unless a veteran waived part of their military retirement pay in order to receive compensation. - Settlement or Award Proceeds
If the cause of action that led to a settlement or award arose before the marriage or after the couple’s final separation, those funds typically remain separate property (the key date is when the claim arose, not when payment is received).
About Divorce Lawyer R. Badet
Divorce Lawyer R. Badet has extensive experience guiding clients through both straightforward and complex divorces. He also handles spousal support, child support, and custody matters. With a deep understanding of divorce law, he works to secure the best possible outcomes for his clients. Visit www.lawyersfordivorces.net to learn more, or call for a free consultation. He is highly regarded for his years of experience in both Family Law and Criminal Law.
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