| Who Gets What in a Pennsylvania Divorce? |
Pennsylvania is not a 50/50 state. It is an equitable distribution state regarding the division of property in a
divorce proceeding. Specifically, i
n an action for
divorce or annulment in Pennsylvania, the court shal
l, upon request of either party, equitably divide, distribute or assign, in kind or otherwise, the marital property between the parties without regard to marital misconduct in such proportions and in such manner as the courtdeems just after considering all relevant factors, including:
1. The length of the marriage.
2. Any prior
marriage of either party
3. The age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties.
4. The contribution by one party to the education, training or increased earning power of the other party.
5. The opportunity of each party for future acquisitions of capital assets and income.
6. The sources of income of both parties, including, but not limited to, medical, retirement, insurance or other benefits.
7. 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 homemaker.
8. The value of the property set apart to each party.
9. The standard of living of the parties established during the marriage.
10. The economic circumstances of each party, including Federal, State and local tax ramifications, at the time the division of property is to become effective.
11. Whether the party will be serving as the custodian of any dependent minor children.
All real or personal property acquired by either party during the marriage is presumed to be marital property regardless of whether title is held individually or by the parties in some form of co-ownership such as joint tenancy, tenancy in common or tenancy by the entirety. [Based on Pennsylvania Consolidated Statutes - Title 23 - Sections: 3501 & 3502]
As you can see, there are many factors to consider when dividing martial property. For this reason, it is best to consult with an
experienced attorney to learn your rights.
If you have any specific questions regarding
divorces in Pennsylvania, please
contact, L. Anthony
Bompiani, Esquire at (724) 925-9600.
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Posted By L. Anthony Bompiani, Esquire on February 05, 2010 09:10 am | Permalink  |