Like others in Pennsylvania and elsewhere who get married, you and your spouse comingled your lives during your union, including your possessions and finances. Now that you have decided to get divorced, you must separate your shared property. This is the most contentious aspect of the process for many, which is why it is important for you to understand how marital assets are divided during Pennsylvania divorces.

With few exceptions, the monies earned and property acquired by you and your spouse after your nuptials are considered marital property, and therefore, are subject to property division. The assets that you and your spouse entered your marriage with, on the other hand, and those gifted to you during your marriage are separate property. As such, they are not considered in the property division process. They remain with whomever they belong to.

What does the court consider?

According to Pennsylvania state law, shared property in divorce actions is divided in a manner that the court deems fair. To make this decision, the court may consider relevant factors such as the following:

  • The length of your marriage
  • The standard of living that was established during your marriage
  • The sources of income for you and your spouse
  • The age, education and employability of you and your spouse
  • The contributions you or your spouse made to each other’s education and earning power
  • The value of your and your spouse’s separate property

The court does not, however, take marital misconduct into account during property division. For example, you may not be awarded a greater percentage of your shared assets because of infidelity on the part of your spouse, or vice versa.

This post is intended as general information only and should in no way be taken as legal advice.