Once the court determines which assets are marital property and assigns their value, it will divide them in a fair manner—keeping in mind that “equitable” does not necessarily mean an equal 50/50 split. Once the final divorce decree is issued, this division of property typically cannot be changed. In making its decision, the court may apply concepts such as transmutation and co-mingling:
- Transmutation
This occurs when marital property becomes separate property (or vice versa), depending on how the parties have used or treated the property. For example, if one spouse inherits a piece of real estate but both spouses use it in such a way that implies shared ownership, the court may apply transmutation to consider it marital property. - Co-Mingling
If separate property is so closely mixed with marital property that it cannot be distinguished, the separate property can become marital. Courts will attempt to trace the original sources of the property to determine whether its separate character can be maintained.
Factors for Equitable Division
Pennsylvania courts weigh numerous factors to decide what a fair distribution of marital property looks like, such as:
- Duration of the marriage
- Prior marriages
- Age, health, job skills, earning capacity, debts, and financial needs of both spouses
- Contributions by one spouse toward the other’s education
- The likelihood that each spouse will need future capital or income
- Each spouse’s income, medical requirements, and retirement plans
- Contributions made to increase the value of marital property
- The value of any separate property owned by each spouse
- Whether one spouse caused any reduction in the value of the marital estate
- The spouses’ standard of living during the marriage
- Custody arrangements for any minor children
About Divorce Lawyer R. Badet
Divorce Lawyer R. Badet offers experienced guidance throughout the divorce process, from straightforward to more involved cases, as well as spousal support, child support, and child custody issues. His extensive knowledge of divorce law and years of litigation experience in both Family Law and Criminal Law enable him to seek the best possible results for his clients. To learn more about your rights and options, visit www.lawyersfordivorces.net or call for a free consultation.
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