In Pennsylvania, property division during a divorce involves two key steps:
- Identification of Property: It is necessary to distinguish between marital property and separate property.
- Equitable Division: The marital property must be divided fairly, though this does not always mean a 50/50 split.
Marital Property:
- Includes all property acquired during the marriage.
- Also covers any increase in value of separate property (up until the date of separation or the equitable distribution hearing, whichever results in a smaller increase).
- The name on the title is not a determining factor.
Separate Property:
- Property acquired before the marriage is considered separate.
- Property excluded by a valid agreement made before, during, or after the marriage is also separate.
- Any property received as a gift or inheritance is separate, unless the gift is given to both spouses, in which case it is marital property.
- Property acquired after the final separation but before the divorce is separate.
- Veterans’ benefits are typically protected, except when a veteran waives part of their military retirement pay for compensation.
- Any award or settlement payment accrued before the marriage or after final separation is separate property. (The relevant date is when the cause of action accrued, not when the payment was received.)
Divorce Lawyer R. Badet
R. Badet is an experienced divorce attorney who supports clients throughout the divorce process. His practice covers both simple and complex divorce cases, as well as spousal support, child support, and custody matters. With extensive knowledge and expertise, R. Badet works to secure the best possible outcomes for his clients. Visit www.lawyersfordivorces.net for more information or call for a free consultation. He is highly respected in the field, with years of experience in both family and criminal law.