Property Division

Property Division Attorneys

You have worked hard to reach your current standard of living, and you may have anxiety over splitting it in two during the 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 marital property rights? Call Donze & Donze at (610) 444-8018 to meet with a skilled and compassionate Chester County Pennsylvania Divorce Lawyer. You may also send us an e-mail to schedule an appointment.

Pennsylvania Equitable Distribution of Marital Property

In Pennsylvania, property is not necessarily split 50/50. When an agreement cannot be made between 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, 401(k) 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

Separate Property

In a divorce, separate property is not divided. This generally 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:

  • Evaluating monetary and non-monetary contributions to the marriage
  • Employability of each spouse
  • The length of the marriage
  • The established marital standard of living
  • Each party’s income
  • Other factors

In order to ensure our client’s interests are protected in property division disputes, we assess the full scope of their case. We may address issues relating to hidden assets, or contributions that one spouse made to enhance the education of the other spouse (such as working overtime so the other spouse could go to school full-time).

Our goal is to find a solution that is just and fair. For most divorce clients, we focus on reaching an agreement through negotiation or divorce mediation because it often saves time, money and emotional turmoil. However, when necessary, we are prepared to fight aggressively for clients in court.

When you seek a strong, compassionate and effective legal advocate, you need Donze & Donze.