When a Pennsylvania court divides assets in a divorce, it first determines which belongings count as marital property and which are separate. After appraising the marital assets, the court distributes them in a manner it deems fair—“equitable” does not necessarily mean splitting the property 50/50. Once the divorce is finalized, the court’s property division generally cannot be changed.
Key Concepts: Transmutation and Co-Mingling
- Transmutation
- Refers to an asset changing from marital property to separate property (or the reverse). Courts focus on whether both spouses intended for a particular item to become joint property. For instance, if one spouse inherits real estate but the couple then treats it as if both own it, the court might conclude that it became marital property.
- Co-Mingling
- Occurs when a spouse’s separate property is mixed so thoroughly with marital property that it becomes impossible to distinguish them. In such cases, it may be deemed part of the marital estate. However, if it is possible to identify and track the separate property, the court will allow it to keep its separate status.
Factors in Equitable Division
Pennsylvania courts examine a range of considerations to ensure property is divided fairly:
- Length of the marriage
- Any prior marriages
- Age, health, vocational skills, earning potential, debts, and financial needs of each spouse
- Any contributions made to the other spouse’s education
- Future needs for capital assets and income
- Both spouses’ incomes, healthcare needs, and retirement plans
- Each spouse’s role in boosting the value of marital property
- Value of any separate (non-marital) property
- Reduction in the value of marital assets caused by either spouse
- Standard of living established during the marriage
- Custody arrangements for minor children
About Divorce Lawyer R. Badet
Divorce Lawyer R. Badet offers experienced guidance throughout the entire divorce process. His practice addresses both straightforward and complex divorces, as well as matters involving spousal support, child support, and child custody. His depth of knowledge in family law enables him to strive for the best possible result in each case. To learn more, visit www.lawyersfordivorces.net or call for a free consultation. With many years in practice, he is highly respected and adept at representing clients in both Family Law and Criminal Law.
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