Is Pennsylvania a 50/50 Divorce Property State?
Issues related to divorce are up to the states to decide. In other words, each state has its own rules when it comes to divorce law. Generally speaking, the states will fall into two categories: Equitable distribution and community property. In a community property state, assets and debts are divided 50/50 between both parties to a divorce. Pennsylvania is an equitable distribution state. That means that assets and debts are divided in terms of what is equitable to both parties. This means the split may not necessarily be even. In this article, the Philadelphia divorce lawyers at the Law Offices of Lauren H. Kane will discuss equitable distribution and how it works in Pennsylvania.
What is a 50/50 divorce?
A 50/50 divorce means that the marital estate (the property and debts that were acquired during the marriage) is divided in half between both spouses. In a community property state, the marital estate is divided in half between the two parties regardless of any other factor. In an equitable distribution state, like Pennsylvania, there is a presumption that the marital estate should be divided in half, but the judge has the discretion to favor one party with a greater share of the marital estate if it would be “equitable” or fair.
Community property versus equitable distribution
Both equitable distribution and community property are means to address the division of the marital estate.
- Community property is a model employed by some states. All assets acquired during the marriage are divided equally between the two spouses. Both spouses are considered to have equal ownership in the property. Judges have no discretion to favor one party during the split.
- Equitable distribution is the model our State of Pennsylvania employs. Assets are divided in accordance with what is fair. Fair usually means equal, but not necessarily. For instance, if one party earns considerably more money than the other, the lower-earning spouse might be awarded a greater percentage of the marital estate than the higher-earning spouse. The judge will consider factors such as the length of the marriage, each spouse’s contribution to the marriage, and each spouse’s financial needs.
Factors in determining a “fair” distribution of property
In Pennsylvania, these factors determine how assets are divided:
- The length of the marriage – Longer marriages will result in a more equal division of assets and debts. Shorter marriages, on the other hand, may employ a less equal division of property based on marital contributions.
- Each spouse’s contributions to the marriage – A judge will assess each party’s contribution to the marriage. This includes both financial and non-financial contributions, such as raising children and homemaking.
- Each spouse’s economic circumstances – The judge will assess the financial needs of both spouses. This includes determining whether one spouse needs greater support because they have health concerns, a lower earning potential, or other factors.
- The standard of living during the marriage – The judge will consider the standard of living that the couple established during the marriage. If one spouse’s standard of living would be reduced by an even split of the marital estate, the judge can favor that spouse when distributing property.
Talk to a Philadelphia, PA Divorce Attorney Today
The Law Offices of Lauren H. Kane represents the interests of divorcees during their divorce proceedings. Call our Philadelphia family lawyers today to schedule an appointment, and we can begin going over your goals and concerns right away.
