How Property Division Works in Divorce Cases
One of the first questions divorcing spouses ask is what will happen to their property. Who keeps the house? How are retirement accounts split? What about the credit card debt? If you are going through a divorce in Media or elsewhere in Delaware County, you should understand how Pennsylvania divides marital property in a divorce so that you can set realistic expectations from the start.
Pennsylvania Is an Equitable Distribution State
Pennsylvania is an equitable distribution jurisdiction, not a community property state. That distinction matters. In community property states, marital assets are typically split down the middle. In Pennsylvania, the court divides marital assets and debts based on what is fair, not necessarily equal.
A fair result might be a 50/50 split, but it could just as easily be 55/45 or 60/40, depending on the circumstances of the marriage and the parties.
The Factors Courts Consider
Pennsylvania’s equitable distribution statute lists specific factors the court must weigh when determining what percentage of the marital estate each spouse receives. These include:
- The length of the marriage
- The respective financial standing of each party, including income, earning capacity, and separate assets
- Each spouse’s contribution to the marriage, whether financial, to the education or career of the other spouse, or as a homemaker or stay-at-home parent
That last factor deserves emphasis. A spouse who stayed home to raise children or manage the household made a real contribution to the marriage, and Pennsylvania law recognizes it. Contribution is not measured in paychecks alone.
What Property is Subject to Division?
All assets acquired during the marriage are eligible for distribution, regardless of whose name is on the title. This includes:
- Real estate
- Vehicles
- Bank accounts
- Retirement accounts
- Business interests
- Investments
In addition, if a separately owned asset increased in value during the marriage, that increase in value may be subject to distribution as well.
Debts work the same way. All debts incurred during the marriage are subject to distribution between the spouses, including mortgages, car loans, and credit card balances.
Fault Does Not Affect Property Division
Many clients are surprised to learn that fault plays no role in equitable distribution. The court is not permitted to consider the bad behavior of either party or the fault grounds for the divorce when dividing the marital estate. An affair or other misconduct may feel deeply unfair, but it does not entitle the wronged spouse to a larger share of the property.
Agreement or Hearing: Two Paths to Resolution
Spouses who can reach an agreement on property division may submit a Property Settlement Agreement to the court. This approach gives both parties control over the outcome and typically saves time and expense. If the parties cannot agree, the court will address the issues and enter an order after a hearing.
Work With Our Property Division Attorneys
Property division can determine your financial footing for years to come. Fastman Family Law represents clients throughout Media and Delaware County in divorce and equitable distribution matters. Contact us today at (610) 222-5930 or online to discuss your situation and learn how we can help protect what you have worked for.