In Pennsylvania, the process of dividing property during a divorce is governed by the principle of equitable distribution. However, it’s important to note that “equitable” doesn’t always mean a 50/50 split. The court seeks to divide the property in a fair manner, taking into account a variety of factors. Here’s a breakdown of how the court typically approaches property division in a divorce:
Step 1: Identify and Value Marital Property
The first task of the court is to determine which property is marital property (property acquired during the marriage) and which property is separate (property acquired before the marriage or by gift/inheritance). Once this is established, the court will assign a value to the marital property.
Step 2: Equitable Division
Once the marital property is identified and valued, the court will divide it equitably, considering the circumstances and the principles discussed below. This division is final once the divorce is complete.
Principles Affecting Property Division:
- Transmutation:
Transmutation occurs when separate property becomes marital property, or vice versa. This happens if the parties treat the property in a way that suggests they intended for it to be shared. For example, if one spouse inherits property but the couple then treats it as marital property (e.g., by using it as a family home), the court may apply the principle of transmutation and classify it as marital property. - Co-mingling:
Co-mingling refers to the mixing of separate property with marital property in such a way that it becomes difficult to trace the original source of the property. For instance, if one spouse had a separate bank account but then deposited marital funds into that account, the court may determine that the account is now considered marital property, or it may work to trace the property’s origin.
Factors Considered in Equitable Division:
The court will consider several factors to ensure a fair distribution of marital assets. Some of the key factors include:
- Length of the Marriage
- Prior Marriages of Either Spouse
- Age, Health, Vocational Skills, and Earning Capacity
- Contributions to Education or Career
- Future Need for Capital Assets and Income
- Income, Medical Needs, and Retirement Plans
- Contributions to the Increase in Marital Property
- Value of Separate Property
- Reduction in Value of Marital Property by One Spouse
- Standard of Living During the Marriage
- Custody of Minor Children
These factors help the court determine what a “fair” distribution looks like in each specific case, ensuring that both spouses are treated as fairly as possible based on their circumstances.
Why You Need an Experienced Divorce Lawyer
The division of property can be a complicated aspect of a divorce, especially when it involves complex assets or disputes over what is marital or separate property. An experienced divorce lawyer, like R. Badet, can help you understand your rights and ensure that you get a fair division of assets based on your unique situation.
If you’re going through a divorce in Philadelphia, it’s crucial to have someone who can represent your interests effectively during the division of property. R. Badet has years of experience in both simple and complex divorce cases and can guide you through the equitable distribution process.
Contact Divorce Lawyer R. Badet for a Free Consultation If you need assistance with property division or any other aspect of your divorce, reach out to Divorce Lawyer R. Badet. He’s ready to offer legal guidance and support at every stage of your divorce. Visit www.lawyersfordivorces.net or call 267-277-2641 to schedule your free consultation.
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