You have likely heard the saying, “It takes two to tango,” and in many ways, the same applies to building a life together in marriage. But when your partnership ends, the question of who deserves what can be complex. Is divorce always a matter of simply dividing everything in half?
Property division in Pennsylvania is not a precise 50/50 split
Courts in the Keystone State aim for equitable distribution of marital property. This means striving for fairness, which does not always translate to an equal divide. Several factors may influence this decision:
- How long did the marriage last?
- What are the ages and health conditions of both spouses?
- What is the income and earning potential of each spouse?
- How has each spouse provided (tangible and intangible) to the marriage?
- What standard of living was maintained during the marriage?
- What are the potential tax consequences of property division?
In some cases, one spouse may indeed receive more than 50% of the marital property. Suppose you sacrificed career opportunities to raise your children. To compensate for your reduced income potential, the court may choose to assign you a larger portion of the marital assets.
It is important to note that in Pennsylvania, courts divide marital property (acquired during marriage) while aiming to keep the separate property (owned before marriage or received as gifts/inheritances) with its rightful owner.
Achieving a peaceful outcome without sacrificing your future
While you and your spouse can agree on property division outside of court, it is crucial to understand your rights and obligations under Pennsylvania law. A peaceful resolution does not mean you should accept an unfair deal. An experienced family law attorney can help you navigate this process and secure your financial future.
