How Is Property Divided during a Divorce in Pennsylvania?
Every divorcing couple must address the matter of property division, and it’s a legally complex matter. If you’re facing a Pennsylvania divorce, property division is of critical concern. And because your financial rights are on the line, it’s in your best interest to work closely with a savvy Harrisburg divorce attorney who has a wealth of experience successfully handling complex property division cases like yours.
Marital v. Separate Assets
Marital assets refer to all those properties and other items of value that you and your spouse acquired over the course of your marriage – regardless of who bought them or whose name is attached. If you came to own the asset in question while you were married, it’s marital property. The very few exceptions to this rule include:
- Any gifts that either spouse gave the other
- Any gifts that were given in one spouse’s name alone
- Any inheritances that specified one spouse alone
- The pain and suffering portion of any personal injury claim that was initiated by either spouse during the marriage
Those assets that either of you owned before you were married – and that you kept separate during your marriage – remain the original owner’s separate property, which means they won’t be addressed in the division of your marital property. The line between separate and marital property, however, is easily crossed, and any increase in the value of separate property is generally treated as a marital asset.
An Equitable Distribution State
Pennsylvania is what’s known as an equitable distribution state rather than a community property state. This means that your marital assets will be divided between you equitably – or fairly, given the circumstances involved – upon divorce instead of necessarily being divided between you equally. This means that if your case goes to court, the judge has the discretion to distribute your marital assets in a manner it considers fair in relation to factors like the following:
- The length of your marriage
- The size of your and your divorcing spouse’s separate estates
- Your age and overall mental and physical health, and your spouse’s
- The standard of living achieved during your marriage
- You and your spouse’s respective incomes and levels of education
- The degree to which either of you contributed to the other’s earning power
- How the matter of child custody is addressed in your case – if your divorce involves shared children
- The tax implications of the proposed property division for each of you
- Whether or not there is a legally binding prenuptial agreement in place that addresses property division
Turn to an Experienced Harrisburg Divorce Attorney for the Help You Need
The well-respected Harrisburg divorce attorneys at Purdy Law Office dedicate our practice to protecting the financial rights of our valued clients, and we welcome the opportunity to serve you as well. The division of your marital property in divorce will play an important role in your financial future, so please don’t delay contacting us online or calling 717-527-5751 for more information today.