Kennett Square Property Division Attorneys
You have worked hard to reach your current standard of living and may have anxiety over splitting it in two during divorce. Some people feel they deserve a larger share in property division because they worked a full-time job while the other spouse stayed at home. However, income is not the only contribution that is a factor in the division of property. Other people feel that their way to seek justice for the other spouse's cheating is to take property disputes to a judge. However, Pennsylvania Courts do not consider marital misconduct when determining the division of marital property.
What are your rights in the division of property? Call Donze & Donze at (610) 444-8018 to meet with a skilled and compassionate Pennsylvania divorce lawyer. You may also send us an e-mail to schedule an appointment.
Our family law attorneys at Donze & Donze have extensive knowledge and experience working with Pennsylvania equitable distribution laws. We can help you understand the process and work to achieve a property division settlement that is fair and serves your best interests.
Pennsylvania Equitable Distribution of Marital Property
In Pennsylvania, the division of property does not follow a 50-50 standard. When an agreement cannot be made amongst the couple, the court will consider a number of factors to determine what is fair. This is known as the equitable distribution of marital property. All marital property (property acquired during the marriage — regardless of how it was titled) is to be divided equitably. This includes:
- Real estate: the marital home, vacation properties, rental properties
- Bank accounts: checking or savings accounts, investment accounts
- Retirement accounts: IRAs, 401k plans, pension (any interests acquired during the marriage, including anticipated growth expected to accrue)
- Other investments: stocks, bonds, employee stock options, medical savings accounts, investment properties, business interests, other investments
- Personal property: vehicles, jewelry, collections, other assets
- Debts: mortgage, car loans, other liabilities
Generally, separate property (property that is not divided) includes property that was acquired before the marriage and kept separate throughout the marriage. Separate property also includes inheritance or gifts given to one spouse and assets purchased through separate assets (as long as they have never been commingled with marital assets).
What is Fair in the Division of Marital Property?
Pennsylvania family courts consider a number of factors to determine what is fair in property distribution. These factors range from evaluating the monetary and non-monetary contributions each party made to the marriage to considering the employability of each party. Other considerations include the length of the marriage, the established marital standard of living, each party's income and other factors.
In order to ensure our client's interests are protected in property division disputes, we present issues such as hidden assets that we recovered or contributions that our client made to enhance the education of the other spouse (such as working overtime so the other spouse could go to school full-time).
Whether it is derived from a negotiated or mediated divorce property settlement agreement or from a lengthy trial, the goal is to find a solution that is fair and just. For most divorce clients, we focus on reaching an agreement through negotiation or divorce mediation because it saves time, money and emotional turmoil for our clients. However, when necessary, we are prepared to fight aggressively for clients in court.
Contact our Kennett Square Law Office
To discuss marital asset and debt division with an experienced lawyer at our law firm, please call (610) 444-8018 or send us an e-mail.
When you seek a strong, compassionate and effective legal advocate, you need Donze & Donze.
