When finalizing a divorce, Pennsylvania courts follow a process called “equitable distribution,” which involves dividing marital assets in a way that is fair—even if not always 50/50. Once the court has classified and appraised all marital property, it allocates the assets based on various legal principles and specific circumstances of the spouses. Significantly, an equitable division order cannot be altered after the divorce is finalized.
Key Concepts in Property Division
- Transmutation
Marital property can become separate property—or vice versa—depending on the parties’ actions and intent. For instance, if one spouse inherits an asset but the couple treats it as a shared asset, the court may reclassify it as marital property. - Co-Mingling
When separate property is mixed so thoroughly with marital property that it cannot be distinguished (or “traced”) back to its original source, it may be treated as marital property. Courts attempt to trace each asset’s history but will classify it as marital if the funds are “inextricably mingled.”
Factors the Court Considers
The court examines a range of factors to determine how to distribute marital property fairly:
- Length of the Marriage
- Prior Marriages
- Age, Health, and Vocational Skills of both parties, as well as earning capacity, existing debts, and financial needs
- Contributions to Education (e.g., one spouse supporting the other’s training or degree)
- Need for Future Acquisitions of capital assets or income
- Income, Medical Needs, and Retirement Plans of both spouses
- Contributions to the Increase in Marital Property (e.g., paying mortgage or improving a shared investment)
- Value of Separate Property owned by each spouse
- Reduction in Value of Marital Property caused by one spouse
- Standard of Living established during the marriage
- Custody of Minor Children if applicable
Securing Knowledgeable Legal Guidance
Divorce Lawyer R. Badet assists couples with all aspects of property division, spousal support, child support, and custody. His comprehensive approach to Family Law and Criminal Law helps clients secure favorable outcomes. To learn more about protecting your financial interests and legal rights, visit www.lawyersfordivorces.net or call for a free consultation.
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