In Pennsylvania, once marital property has been identified and assigned a value, the court divides it equitably—which does not necessarily mean a straight 50/50 split. Once the divorce is finalized, the property division is no longer open to modification.
When determining how to distribute marital property fairly, the court applies principles such as transmutation and co-mingling:
- Transmutation:
This occurs when marital property is reclassified as separate property (or vice versa) based on the parties’ intent. For instance, if one spouse inherits a piece of property but shares it in a way that suggests it was intended to be part of the marital estate, the court may conclude that transmutation applies. - Co-mingling:
This arises when separate property is “inextricably mixed” with marital property. Courts attempt to trace contributions to keep the property’s initial classification, but if it cannot be separated out, it may become part of the marital estate.
Factors Considered in Equitable Distribution
When dividing marital property, courts often look at several elements, which may include:
- Length of the marriage
- Previous marriages
- Age, health, employability, earning capacity, liabilities, and financial needs of both spouses
- Contributions to education
- The need for future acquisition of assets and income
- Each spouse’s income, medical expenses, and retirement benefits
- Contributions to the growth of marital assets
- The value of each spouse’s separate property
- Any decrease in marital property caused by one spouse
- The couple’s standard of living
- Which parent has custody of minor children
About Divorce Lawyer R. Badet
Divorce Lawyer R. Badet has extensive experience assisting clients throughout every phase of a divorce—from straightforward cases to more complex disputes. His practice encompasses spousal support, child support, and child custody, and he brings a thorough understanding of the law to each situation. Dedicated to achieving the most favorable outcomes, he is also well-versed in both Family Law and Criminal Law litigation.
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