When couples divorce in Pennsylvania, one of the most complex and frustrating aspects of the process is often the division of marital property. Though many people believe that marital property is always split 50/50 between spouses, the state of Pennsylvania doesn’t apply an equal distribution calculation. Instead, the question of how things are divided is based on a principle known as equitable distribution. In many cases, that makes a significant difference.
Equal distribution is a very straightforward approach, where assets and debts are divided equally between spouses. It’s most commonly seen in states like California or Texas, which are considered “community property” states. Where equal distribution is the rule, it doesn’t matter how much each partner earns or has contributed to the household. The court simply assumes that all marital assets and debts should be shared equally, and 50 percent is assigned to each party.
By contrast, Pennsylvania’s equitable distribution model works to make sure that property is divided fairly, which does not necessarily mean equally. The courts consider several different factors to determine the percentage that is equitable or fair under the circumstances of each individual case.
The elements taken into account during equitable distribution in Pennsylvania include:
- How long a couple has been married
- Each spouse’s income, earning capacity, and separate assets
- Each spouse’s contributions to the marriage, including homemaking and child care
- The standard of living during the marriage
- The age and health of each spouse
- The custody agreement where there are children
- Whether one spouse contributed to the other’s education or career advancement
- Any prior marriages and obligations to other family members
Importantly, marital misconduct, such as infidelity, is not considered when dividing property, unless it has in some direct way impacted the couple’s finances.
Marital property includes most assets and debts acquired during the marriage, regardless of whose name is on the title. Separate property, such as gifts or inheritances given to one spouse alone, or assets owned before marriage, may not be subject to distribution, unless they were co-mingled. An increase in the value of pre-marital assets is not considered marital property unless the increase was due to some action that was taken within the marriage.
Understanding the difference between equal and equitable distribution is essential for anyone going through a divorce, whether in Pennsylvania or anywhere else. While an even split may seem fair or logical at first glance, equitable distribution provides a more thoughtful and individualized approach that considers the unique dynamics of each marriage.
To make sure your rights are protected and you’re able to get or keep what you deserve, call to speak with one of our experienced family law attorneys.