In a divorce in Pennsylvania, the division of property is done according to the principle of equitable distribution. While “equitable” means the division should be fair, it does not necessarily mean that the property will be divided 50/50. The court evaluates various factors to determine what constitutes an equitable share for each party.
Steps in Property Division:
- Identifying and Valuing Marital Property: The court will first determine which property is marital (acquired during the marriage) and which is separate (acquired before the marriage or by inheritance or gift).
- Equitable Division: Once the marital property is identified, the court will divide it equitably. This division is final and cannot be modified once the divorce is finalized.
Key Principles in Property Division:
1. Transmutation:
Transmutation occurs when separate property becomes marital property, or vice versa. This usually happens if the parties’ actions or intent suggest that separate property should be treated as marital property. For example, if one spouse inherits a property but both spouses jointly use and maintain it, the court may determine that it has transmuted into marital property.
2. Co-mingling:
Co-mingling happens when separate property is mixed with marital property in such a way that it becomes impossible to distinguish the two. In such cases, the court will make an effort to trace the original property to its source, but if the property is “inextricably mingled” with marital property, it may be classified as marital property.
Factors Considered in Equitable Division:
The court will consider several factors to determine how to divide marital property equitably. These include:
- Length of the Marriage: Longer marriages may result in a more equal division of assets.
- Prior Marriages: If one or both parties had previous marriages, the court will consider this in the division.
- Age, Health, and Vocational Skills: The court considers both spouses’ age, health, vocational skills, and earning capacity.
- Contributions to Education: The contributions made by each spouse toward the other’s education or career advancement.
- Future Financial Needs: The court looks at the need for future acquisitions of capital assets and income.
- Income, Medical Needs, and Retirement Plans: Each spouse’s current income, future medical needs, and retirement plans will influence the division.
- Contributions to Increase in Marital Property: Contributions made by either spouse to the increase in the value of marital property.
- Value of Separate Property: The court will evaluate the value of any separate property held by each spouse.
- Reduction in Value of Marital Property: If one spouse has reduced the value of marital property (e.g., by mismanaging it), this may be considered in the division.
- Standard of Living: The standard of living during the marriage is factored in, particularly when determining spousal support and asset division.
- Custody of Minor Children: If there are minor children involved, custody arrangements may impact the division, especially when one spouse will have primary custody.
Conclusion:
The equitable division of property in Pennsylvania is designed to ensure that both parties receive a fair share of marital assets. However, it is essential to understand that “equitable” does not always mean equal. The court considers multiple factors to determine what is fair under the circumstances.
Need Legal Assistance?
If you’re going through a divorce and need help understanding how property will be divided, Divorce Lawyer R. Badet can guide you through the process. With extensive experience in both contested and uncontested divorces, R. Badet is dedicated to achieving the best possible outcome for your case. Contact him for a free consultation by visiting www.lawyersfordivorces.net or calling 267-277-2641.
Keywords:
- “divorce lawyers nearby”
- “divorce and family law attorney”
- “affordable divorce lawyers near me”
- “best divorce attorney”
- “family law divorce lawyers”
- “contested divorce lawyer”
- “uncontested divorce attorney”