What Is Equitable Distribution and How Does It Affect Property Division?
When couples divorce in Pennsylvania, their marital assets must be divided between them equitably. In the process, a range of key factors are taken into consideration. Ultimately, the distribution of marital assets must be fair, which may or may not mean equal. Discuss your related concerns with our experienced Harrisburg property division attorneys at McDonald Myers Law today.
Defining Marital Property for a Harrisburg Divorce
Anything that you and your spouse acquired together or that either of you acquired separately during your marriage is considered marital property. If you divorce, these assets must be distributed between the two of you in a manner that is considered fair under the circumstances. How this division plays out depends on a variety of key factors.
When a Spouse Claims Separate Property
Divorce cases in Harrisburg are heard by the Court of Common Pleas at the Dauphin County Courthouse, and the court begins with the presumption that all assets are marital. To prove otherwise, the spouse making the claim must convince the court that a specific asset is theirs alone.
Exceptions during the Marriage
Virtually everything that a couple comes to own while married is considered marital property. The only exceptions include the following:
- Purchases made with separate funding
- Any gifts or inheritances received by one spouse alone
- The compensation for pain and suffering from a personal injury claim
If you or your spouse brought property into the marriage, it will remain that spouse’s separate asset. Keeping your separate assets distinctly separate from your marital property, however, is required. And any financial commingling of the two can weaken your claim that an asset belongs to you alone.
An Increase in a Separate Property’s Value
A final point that needs to be made is that the issue doesn’t end when you prove the separate nature of a separate property. If the separate asset increases in value during your marriage, that increase will be treated as marital property.
The Court’s Stance on Equitable Division
In Pennsylvania, courts must divide marital assets equitably, and this fair division is determined based on factors like the following:
- The duration of the marriage
- Each spouse’s income and earning power, including in relation to employability in the current market, as a significant disparity in income can lead to a lopsided division
- Each spouse’s overall economic circumstances
- The contributions each spouse made to the marriage, including in terms of homemaking and childcare, and of any sacrifices either spouse made in support of the other’s career
- The age of each spouse and their overall physical and mental health
- The child custody arrangements
- The tax implications of the division under consideration
Our Experienced Harrisburg Property Division Lawyers Are on Your Side
Our formidable Harrisburg property division attorneys at McDonald Myers Law are committed to skillfully advocating for your financial rights, in pursuit of favorable property division terms. For more information about what we can do to help, please contact or call us at 717-704-9077 today.
