Question - Property Distribution

QUESTION: Property Distribution

How will my marital property get distributed at the time of divorce? Is it 50/50?

Answer:

While some states are 50/50 jurisdictions (meaning they distribute marital property equally), Pennsylvania is not.

In PA, court first determines what constitutes the marital estate, i.e., those assets that a couple aquire from the date of marriage to the date of separation (plus the increase in value of assets held separately before the marriage).

Also, Pennsylvania is not a "title" jurisdiction, either. For example, it will make no diffence whether all the marital assets are titled in your spouse's name, only. You will be entitled to your "fair" portion of the estate as described below.

Courts in Pennsylvania call division of marital property "equitable distribution," which is selfexplanatory. It means a "fair" distribution of the total marital estate, i.e., not necessarily a 50/50 distribution. Rather, it could be 60/40 or 70/30 depending, for example, on whether one spouse will need more assets to re-educate himself or herself to become independent (from alimony) following the entry of the divorce decree. You should speak to one of our lawyers to find how the law will apply in your case. On this web site we only give you a rough idea of the law for information purposes only so you can come into our consultation with some background information. Nothing on this web site should be construed as legal advice.

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