How Property Is Divided During Divorce: What You Need to Know

Pennsylvania is what’s called an equitable distribution state when it comes to divorce. This means the assets that you and your spouse accumulate during your marriage are marital assets, which must be divided between you fairly in the event your marriage ends. In order to distribute your marital property equitably in light of your unique marriage, many factors must be considered. If you’re facing a divorce, your financial rights are paramount, and our experienced Allegheny County property division attorneys at Schaffranek & Foster are well prepared to help.

Your Marital Assets

Marital assets include everything that you, your spouse, or you and your spouse came to own over the course of your marriage. There are very few assets that escape this classification, but prime examples include all the following:

• Anything purchased with funds that are strictly separate
• Compensation for physical pain and emotional suffering from a personal injury claim
• Gifts or inheritances that either spouse receives in only their name

Divorce cases in Allegheny County are heard at the Allegheny County Family Court in Pittsburgh, and the presiding judge will begin with the presumption that all assets are marital assets.

Notes Regarding Separate Property

Anything that either of you owned prior to marriage and kept strictly separate while you were married is the original owner’s separate property. The burden of proving that a separate property is indeed separate, however, rests with the spouse who makes the claim.

It’s important to know that any commingling of separate and marital assets blurs the distinction between them. Finally, when a separate asset increases in value during a marriage, the amount of the increase is very likely to be considered marital property.

Fair Does Not Necessarily Mean Equal

In Pennsylvania, your marital property will be split between you and your divorcing spouse fairly. This should not, however, be interpreted to necessarily mean equally. The applicable circumstances will determine what’s fair in your unique case.

The Determiners

The kinds of factors that will help determine the fair division of property in your case include the following:

• How long your marriage lasted
• Each spouse’s income and ability to earn, considering employability in the current job market
• The contributions each spouse made to the marriage, including caring for the children and the home
• Either spouse’s contributions to the other’s education or career development
• How child custody is shared between the spouses
• The age and overall health of each spouse
• The tax consequences of the proposed split

Our Experienced Allegheny County Property Division Lawyers Are on Your Side

The capable Allegheny County property division attorneys at Schaffranek & Foster dedicate our imposing practice to fiercely advocating for our valued clients’ financial rights and to leaving no stone unturned in the process. Learn more about what we can do to help by contacting us online or giving our firm a call at 412-643-3848 today.