How Are Assets Divided During Divorce in Pennsylvania?
Divorce can bring many challenges, and one of the most complex is dividing financial assets. If you’re going through a divorce in Pennsylvania, understanding how the courts handle asset division is critical. Below, we explain what “equitable distribution” means, what property counts, what factors the courts look at, and how you can prepare.
What Is Equitable Distribution?
In Pennsylvania, divorcing couples follow the equitable distribution standard—rather than automatically splitting everything 50/50. That doesn’t necessarily mean equal in every case, but fair, considering the circumstances of the marriage.
What Property Is Divided?
“Marital property” is the pool from which assets are divided, and includes:
- Property acquired during the marriage
- The increase in value of property owned before marriage, if tied to marital contributions
- Pensions, retirement accounts, investment accounts, and insurance benefits obtained while married
Not included: property owned before the marriage (if kept separate), inheritances, and individual gifts.
How Courts Determine the Division
Once a divorce is filed, either spouse may ask the court to divide marital assets. The court values and divides property in a way that is equitable under the law. Factors include:
- Length of the marriage
- Age, health, income, and liabilities of each spouse
- Prior marriages
- Contributions toward the other spouse’s education or earning ability
- Retirement benefits, insurance, or medical coverage
- Value and use of marital property
- Standard of living established during the marriage
- Economic circumstances at the time of division
- Tax implications of dividing assets
- Costs of liquidating or transferring property
- Custodial responsibilities for children
What “50/50” Really Means
While many assume property is split evenly, equitable distribution means division could be 50/50—or something different depending on fairness. For example, one spouse might receive the marital home, while the other gets a mix of assets of similar value. The court considers debt, income differences, and future needs.
What Doesn’t Matter
Some issues do not affect property division in Pennsylvania, including:
- Marital misconduct such as infidelity
- Other personal wrongdoing, unless it directly affects finances
How to Prepare
- Document assets, inheritances, and accounts
- Get appraisals for real estate, retirement, or business interests
- Understand marital debts and liabilities
- Review tax consequences of dividing assets
- Work with an experienced Pennsylvania family law attorney
Final Thoughts
Dividing property in a Pennsylvania divorce is about fairness, not just formulas. Knowing the rules and preparing can protect your financial future. If you’re facing divorce, consult with a family law attorney to understand how Pennsylvania law applies to your case.
*Disclaimer: The advice provided is for informational purposes and is not intended as legal advice. It should not be relied on, nor construed as creating an attorney-client relationship.