How is Property Divided in a Pennsylvania Divorce?

Property division is one of the most daunting aspects of divorce for countless spouses in Pennsylvania. The thought of losing roughly half of your assets can be crushing, especially if you’ve spent decades carefully building your wealth. Does a Pennsylvania divorce automatically take away 50% of your assets? Or is this process more complex than you might have thought?

Pennsylvania is an Equitable Distribution State

Like many other states, Pennsylvania follows a system of “equitable distribution.” Under this system, spouses must divide their property in an equitable manner based on various factors considered by the family court. These factors include the length of the marriage, the ages of the spouses, the incomes of the spouses, tax issues, child custody, standards of living, career paths, and many others.

The goal of equitable distribution is not necessarily to ensure an equal division of property. This is because “equitable” and “equal” are not the same. As a result, one spouse might receive more than the other when dividing the marital assets. However, most spouses can expect to receive a roughly equal share of these assets during equitable distribution in Pennsylvania.

Marital Assets vs. Separate Assets in Pennsylvania Divorces

Not all assets are eligible for the equitable distribution process. Generally speaking, courts only consider “marital property” and not “separate property.” Separate property includes inheritance, gifts received from third parties, assets acquired before the marriage, and assets acquired after the date of separation.

Note that because the separation period in Pennsylvania can be as long as 12 months, the date of separation could be quite important in the context of property division. For example, a spouse might move out of the family home and spend the next year carefully investing their income. After one year, the spouse might approach divorce proceedings with high-value, separate assets that are not eligible for division.

You Can Create Your Own Property Division Agreement

While Pennsylvania has its own property division system, you can also approach this process in your own way by negotiating in private with your ex. This is a very popular method for spouses today, and it can give you both more control over the outcome. Accepted strategies include mediation, arbitration, and collaborative law.

Negotiate property division in private, and you may also experience lower overall legal costs. This process is also generally much faster than litigation. However, it is not always possible. Some spouses are intent on fighting for assets in court.

Can a Property Division Lawyer in Lebanon, PA, Help Me?

If you want to learn more about property division in Pennsylvania, consider speaking with a divorce lawyer in Lebanon. These legal professionals are familiar with the intricacies of equitable distribution in the Keystone State, and they can guide you toward a positive outcome. Contact Feeman Law Offices at (717) 273-1763 to learn more about this topic. You can also find us online.