Different states use different rules for dividing a couple’s shared property in a divorce. The Commonwealth of Pennsylvania uses the “equitable distribution” method, which essentially says that couples must divide their assets fairly, though not necessarily evenly. While this approach can lead to fair outcomes in a divorce, it can also create conflict among spouses who disagree on what an “equitable” split of their assets is.
What “Equitable Distribution” Means in a Pennsylvania Divorce
One way to illustrate how equitable division works in a Pennsylvania divorce is to compare this system with what other states use. The other model many states use to divide a couple’s marital assets in a divorce is the “community property” system. In community property states, couples split all marital property 50/50. In contrast, the equitable distribution system in Pennsylvania gives couples and the courts some leeway to determine what constitutes a fair split depending on each spouse’s income, earning potential, and other factors.
A spouse may have “separate property” that is not marital property – such as pre-marital assets or assets acquired by gift or inheritance. However, separate property can become marital property if a spouse mixes it with marital assets or adds the other spouse’s name to the title or account. For example, if one spouse inherits a lot of money and puts the sum into a joint account or applies it to the mortgage on their jointly titled home, that money becomes shared property.
How Do Pennsylvania Couples and the Courts Decide What’s “Equitable” When Dividing Shared Property?
It’s no surprise that Pennsylvania law contains specific guidelines on how couples divide their assets in a divorce. Some factors that state law says the courts must consider in property division disputes include:
- The length of the marriage – Typically, longer marriages lead to a more even split of a couple’s shared assets.
- Each spouse’s age, health, and other economic factors – Older spouses or those with severe medical issues may receive more assets so they can support themselves.
- Whether each spouse has been married before – Assets from a previous marriage, child support payments, and similar factors can significantly impact the division of a couple’s assets.
- Each spouse’s opportunities for earning more money or assets – If one spouse has a greater chance of earning more money after the divorce is final, the other spouse may receive a greater share of the couple’s assets to make up for this difference.
- Any contributions by one spouse to the other’s earning potential or education – A spouse who contributed time or money to help the other spouse earn an education or advance their career may receive a bigger share of the couple’s marital property.
- Whether either spouse depleted the couple’s assets through mismanagement or misuse, they might receive less of whatever’s left of the couple’s marital property.
- The standard of living during the marriage – In general, the courts aim to allow both spouses to maintain their pre-divorce standard of living when dividing shared property.
- Which spouse has custody of any minor children – The spouse who has primary custody of children from the marriage may receive more assets to make sure they can provide for the children.
How a Pennsylvania Property Division Lawyer Can Help You Keep More of Your Marital Property
Attorney Dawn K. Gull can help you start your post-divorce life on the right foot by working to allow you to keep more of your marital property. Our team can do a thorough accounting of your marital assets, look for any mismanagement or misuse by your spouse, and devise a strategy to show why you should receive more of your shared property. Whether through negotiations with your spouse or in court, we’ll be there to protect your rights and future. Call the Law Offices of Dawn K. Gull now or reach out online for a confidential consultation.