Many Pennsylvanians wonder how the court will divide their marital property during a divorce. A common misconception is that Pennsylvania is a “50/50 divorce state,” where spouses split assets equally. However, this is not the case. Pennsylvania follows the principle of equitable distribution, which aims for a fair, but not necessarily equal, division of marital assets.
Equitable distribution means the court considers various factors to determine a fair allocation of property. These factors include:
- Length of the marriage
- Age and health of each spouse
- Each spouse’s income and earning potential
- Contributions to the marriage, including those made as a homemaker
- Standard of living during the marriage
- Tax consequences of property division
The court examines these and other relevant factors to decide what constitutes a fair division. This process could result in a 50/50 split, but it is equally possible for one spouse to receive a larger share if the court deems it equitable.
What Is Marital Property?
It is essential to understand what qualifies as marital property in Pennsylvania. Marital property includes:
- Assets acquired during the marriage, regardless of whose name is on the title
- Increases in the value of pre-marital assets during the marriage
- Retirement benefits earned during the marriage
Some assets, such as inheritances or gifts one spouse has received, may qualify as separate property that is not subject to division.
Many couples prefer to negotiate their own property division through a marital settlement agreement rather than leaving the decision to the court. This approach often leads to more suitable outcomes for both parties and can save time and money.
Get Skilled Legal Help Now
If you are going through a divorce in Pennsylvania, it is crucial to understand how equitable distribution works and how it might apply to your situation. An experienced divorce attorney can help protect your interests and work toward a fair division of assets.
For a confidential consultation about your divorce and property division concerns, contact The Law Offices of Dawn K. Gull today at 412-440-5718. We have over 25 years of legal experience in Allegheny and Butler counties, and we will explain your rights and options under Pennsylvania law.