In a Pennsylvania divorce, there are two steps to the division of property:

• (1) There has to be a determination about what is marital property and what is separate property, and
  • (2)  You have to make an equitable division of the marital properties; (you should note that equitable does not necessarily mean 50/50).

Marital Property:

• (1) Marital property includes all properties acquired during the marriage.
  • (2) It also includes any increase in value of the non-marital properties (up to the date of separation or equitable distribution hearing, whichever is the lesser increase), and
  • (3) Who owns the title to the property is not relevant.

Separate Property:

• (1) All properties acquired before the marriage is separate property;

• (2) Any property that was excluded by the parties’ valid agreement entered into before, during, or after the marriage is separate property;

• (3) Any property acquired by gift orinheritance is separate property;
  • EXCEPTION:  If the gift was giving to both parties, then it is marital property;

• (4) Property acquired after final separation until the date of the divorce is separate property;

• (5) Veterans’ benefits are exempt from attachment, except where a veteran has waived a portion of his military retirement pay in order to receive compensation, and

• (6) Any award or settlement payment that accrued before the marriage or after the date of final separation is separate property.  (NOTE:  The critical date is when the cause of action “accrued,” not when the payment was received.)

Divorce Lawyer R. Badet is an experienced divorce lawyer and dedicated to helping his clients at every stage of the divorce process. His practice includes simple and complex divorces, spousal support, child support, and child custody. Divorce Lawyer R. Badet is a knowledgeable divorce attorney. He has the experience needed to obtain the best possible outcome for your situation! Visit his website to learn more about your legal rights and options: www.lawyersfordivorces.net, call for a free consultation.  He is a highly respected and experienced attorney with many years of experience. He is an experienced litigation attorney who represents our clients in both Family Law and Criminal Law matters.

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