Protecting Your Interests In Pennsylvania Property Division
Last updated on April 10, 2023
Property division is a major component of divorce. You and your ex may have built up various types of property during the course of your marriage, from real estate to investments to retirement accounts. Figuring out how to fairly divvy up that property can be a complicated process.
Our lawyers at Schimizzi Law, LLC, understand how to address property division and other aspects of Pennsylvania divorce cases. When you work with us, you can expect that we will look out for your interests, making sure you don’t end up with an unfair outcome.
How Pennsylvania Courts Approach Property Division
Pennsylvania takes an “equitable distribution” approach to property division. That means courts will look at various factors to decide what’s fair for your situation. Those factors include:
- You and your ex’s income and employment capacity
- You and your ex’s health and any medical issues
- You and your ex’s contributions to the marriage
- How long you have been married
- The standard of living while you were married
- The child custody arrangement
Many of these same factors also play a role in alimony determinations.
Marital Versus Separate Property
In general, any property that you or your spouse obtained during the marriage will be divided during divorce. However, there are exceptions for separate property. This category includes:
- Gifted property
- Inheritances
- Property owned before the marriage
If you had a prenuptial agreement in place, that document may also identify separate property that isn’t subject to division during divorce.
Importantly, to be kept as separate property, the spouse who owned that property must have kept it separate from the marital assets. This is often a contested issue in property division cases.
Find Out More About Property Division And How We Can Help
Our family law attorneys can review your situation and provide guidance on how to approach property division. We invite you to get started today by calling 724-838-9722 to get in touch with our experienced divorce attorneys. We handle divorce cases throughout the Greensburg area.