Pennsylvania determines property division on an equitable basis, which means items are distributed based on what is fair, and not necessarily equal.
One of the biggest decisions a couple in Pennsylvania will have to make during the divorce process is how property will be divided. In some cases, spouses can agree upon who gets what through mediation or another alternative dispute resolution method.
When the couple cannot agree, a court will make the decision for them. Those determinations will take into account a number of factors that each party should understand.
Determining marital property
Under Pennsylvania law, marital property - or the items that are subject to division - includes all assets that were acquired during the marriage, including the interest on non-marital property. The exceptions to this definition include the following:
- Items outlined in a prenuptial agreement
- Items acquired after the separation but prior to the finalized divorce decree
- Certain veterans benefits
- Gifted items or inheritance
Knowing which property may be divided as well as the true value of that property is imperative to ensuring the assets are divided fairly.
Equitable distribution
Like many other states, Pennsylvania bases property division on the concept of equitable distribution. This means that assets are split between the two parties based on what is fair, and not necessarily equal.
The law specifically states that a court will not take marital misconduct into account. However, it can use a number of other factors to determine what it deems to be fair. Those factors include how long the couple was married, what each spouse contributed to the marriage and each spouse's well being and economic status.
An important consideration in the process is that a court can review each spouse's opportunity for future income. For example, if one spouse has not been in the workforce and needs time to obtain training, a judge could factor that into the decision.
Finding a solution
Once a judge makes a decision regarding property division and it is written into the divorce agreement, the ruling is considered final. Therefore, it is important for parties to come to terms that each party agrees upon prior to the finalized decree.
As the law points out, a court could order a couple to attend a mediation program, or the couple could go on their own will. Mediation offers the couple a chance to develop their own terms for property division with the guidance of an unbiased third party. Each party is able to give his or her input with the hopes of finding a split that is fair. Upon reaching an agreement, the couple can sign documents that make their decisions final just as a court order would. If and when mediation fails, the case would go to a court.
Anyone with questions concerning this matter should consult with a family law attorney in Pennsylvania.