How is property divided in a divorce?

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How is property divided in a divorce?

Pennsylvania is an “equitable distribution” state, meaning marital property is to be divided in an equitable fashion, i.e. what is fair. Courts generally encourage the parties to work towards an agreement with respect to their property and debt. If it cannot be worked out, the court will be the deciding authority on property division.

In Pennsylvania, marital property is divided between the parties without regard to marital misconduct in such proportions and in such manner as the court deems just after considering all relevant factors, including:

  1. The length of the marriage;
  2. Prior marriages of the parties;
  3. Age and health;
  4. Amount and sources of income;
  5. Employability; vocational skills;
  6. The contribution by one spouse to the education, training or increased earning power of the other party;
  7. The future earning capacity of either spouse;
  8. The level of contribution or dissipation of each party to marital assets  (here, the contribution of a party as homemaker is considered);
  9. The value of the property to be allotted to each party;
  10. The standard of living during the marriage;
  11. The economic circumstances of each party;
  12. Custodial arrangement concerning children.

(Pennsylvania Consolidated Statutes – Title 23 – Sections: 3501, 3502, 3505)

 

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Enrique Latoison - author

Managing Partner and founder of Latoison Law, Enrique Latoison, Esq. represents a diverse portfolio of clientele, including individuals, families, businesses and working professionals, in all of their legal needs. You can find him on twitter and facebook or write to him at [email protected]. Mr. Latoison earned his Juris Doctorate degree from the James E. Beasley School of Law at Temple University, where he received awards in class excellence and accolades in distinguished class performance and outstanding trial advocacy.

How is property divided in a divorce?