There’s no definitive rule for how couples must divide their assets in a Pennsylvania divorce. No law says either party is entitled to a specific amount of money or a particular share of the marital property.
What is the “Equitable Distribution” Model?
State law requires courts to use the “equitable distribution” model to divide a couple’s assets, which means marital property must be split fairly but not necessarily equally. Judges examine many factors to decide what is fair for each spouse, including:
- Length of the Marriage: The duration of the marriage may influence the division of a couple’s assets since the division is not necessarily equal in every case.
- Age, Health, and Financial Situation: The court assesses each spouse’s age, health, income, job skills, and liabilities to determine a fair asset split. For example, a spouse with fewer job opportunities or greater health needs may receive more assets.
- Contributions to the Other’s Earning Power: If one spouse supported the other’s education or career growth, this contribution is often a factor in how the couple will divide their assets to recognize the indirect financial support one spouse provided.
- Income Sources and Benefits: Beyond wages, income sources like retirement plans, insurance, or medical benefits can be major factors in dividing a Pennsylvania couple’s assets.
- Contribution to Marital Property: Contributions, whether financial or as a homemaker, heavily influence the distribution of a couple’s marital property. For example, if one spouse usually manages the household, the court considers these efforts part of the marital contributions.
- Standard of Living: The lifestyle established during the marriage is another consideration, as the courts aim to allow both spouses to maintain a similar quality of life once the divorce is final.
Our Pennsylvania property division lawyers can help you argue for a fair split of your marital assets during your divorce. Call BKW Family Law now or complete our contact form for a confidential consultation.