Is PA a 50/50 Divorce State?

Divorces can quickly become messy and complicated because of the emotional attachments people develop with one another and their belongings. The items you and your partner acquired during your marriage may hold sentimental value. Disputes can develop as you and your partner try to untangle and separate your physical property.

It is not just physical property, such as homes, cars, and bank accounts, that must be separated. If one spouse significantly out-earns the other, alimony may become an issue the court must resolve.

When you and your partner cannot agree on who leaves the divorce with what property, a divorce court will step in and enter property division orders. Knowing how a Pennsylvania divorce court will consider these issues can help you pursue resolutions that align with your wishes.

Community Property vs. Equitable Distribution States

Divorcing couples in Pennsylvania and elsewhere routinely ask whether their state is a 50/50 divorce state. When this question is asked, the person wants to know whether their state is a community property state or follows an equitable distribution model.

The difference between the two primarily affects how physical property is divided in that state during divorces.

In a community property state, marital property is divided equally (50/50) between the parties, regardless of other factors.

In an equitable distribution state, a court must first identify the couple’s marital assets. This includes most property and income the couple received or earned during the marriage, as well as increases in value of separate property of each spouse during the marriage.

The court is then tasked with dividing those marital assets between the couple utilizing the factors set forth in the Pennsylvania divorce code. This does not require any certain percentage-based division of assets and can include a plan to divide distinct classifications of assets differently.

Pennsylvania Is an Equitable Distribution State

PA divorce law makes clear that Pennsylvania is an equitable distribution state. It is not a community property state. This means that when you and your spouse divorce, the court does not need to give you each an identical share of the marital estate. Nor does the court need to assign each of you an equal amount of marital debt as your separate responsibility.

So long as the court divides these resources and debts equitably, the court has complied with Pennsylvania’s divorce laws.

Fair and Equitable Division of Marital Assets in PA

When dividing marital property in PA, the process a court goes through begins with identifying what marital property exists.

With limited exceptions, all property or debt acquired by either party (regardless of title during the course of the marriage) is considered marital property. Your marital home and vehicles are obvious examples of marital property if they were purchased during the course of your marriage.

Non-Marital or Separate Property: This includes property acquired before the marriage, or property received during the marriage as a gift (excluding gifts between spouses) or inheritance. The increase in value of any non-marital property during the marriage, however, is considered a marital asset and is subject to distribution.

Once the marital property has been identified and its value determined, the court will allocate it or its between you and your partner. The court must consider various factors in deciding how to distribute property, the Pennsylvania equitable distribution factors, in deciding how is marital property divided in PA, including:

The length of the marriage.
Any prior marriage of either party.
The age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities, and needs of each of the parties.
The contribution by one party to the education, training, or increased earning power of the other party.
The opportunity of each party for future acquisitions of capital assets and income.
The sources of income of both parties, including, but not limited to, medical, retirement, insurance, or other benefits.
The contribution or dissipation of each party in the acquisition, preservation, depreciation, or appreciation of the marital property, including the contribution of a party as a homemaker.
The value of the property set apart to each party (non-marital property).
The standard of living of the parties established during the marriage.
The economic circumstances of each party at the time the division of property is to become effective.
The Federal, State, and local tax ramifications of the assets awarded to each party.
The expense of sale, transfer, or liquidation associated with a particular asset.
Whether the party will be serving as primary physical custodian of minor children

At any point during the divorce litigation process, including on the date of trial, you and your spouse can reach an agreement as to the allocation of your marital estate, including any alimony claims. This is predicated on a full and fair disclosure of marital assets and is bolstered by representation by competent counsel.

Alimony in PA

Finally, a divorce court may consider whether an alimony award is appropriate. Alimony is a court order directing one spouse to financially support the other after issuance of a divorce for a certain period of time by paying a specific amount of support each month. This continues until the court terminates the order, the recipient spouse remarries or cohabitates, or the recipient or payor dies.

Courts must consider numerous Pennsylvania divorce alimony factors in deciding whether alimony is appropriate and the amount and duration of alimony should be ordered. Some of these factors include the following:

The assets awarded to each party in equitable distribution
The present income of each spouse and their respective earning capacities
The age of each spouse and their mental and physical health
The source of each spouse’s income and support
The standard of living the couple enjoyed during marriage and how divorce has affected that standard of living for each spouse
The contribution of one spouse to support and promote the career or education of the other

There is no presumption in favor of alimony. Similarly, just as divorcing spouses do not leave the divorce with an equal share of marital property, the court need not guarantee that each spouse enjoys the same standard of living after the divorce is over.

Seek Guidance From an Experienced PA Divorce Lawyer

When you are in the midst of a divorce in Pennsylvania, you will likely have many questions. You must seek answers and guidance from a knowledgeable and trustworthy source. The Law Offices of Dawn K. Gull can give you the legal information and advice you need to make smart choices and provide you with experienced, professional representation throughout your divorce process.

Learn more about our firm’s divorce services by contacting The Law Offices of Dawn K. Gull today.