Equitable Distribution Doesn’t Necessarily Mean Equal Distribution

Divorce Mediation

Pennsylvania law requires that the marital property of a divorcing couple be divided according to the principles of equitable distribution. Equitable distribution sounds like equal distribution but it actually means something different. In the case of a Pennsylvania divorce, equitable distribution does not mean equal distribution but rather fair or reasonable distribution.

Understand How Your Marital Property Will be Divided.

Since your marital property will be divided equitably and not necessarily equally, it is important to know what the court will consider when dividing your assets. The marital property that you and your spouse owned together will be divided fairly with the following things taken into account:

  • How long you were married.
  • Whether either of you were married previously.
  • The age and health of both of you.
  • The income and employability of both of you.
  • The amount of non-marital assets held by each of you.
  • The terms of any prenuptial agreements.
  • Who has custody of the children.
  • Whether one spouse contributed to or advanced the other spouse’s income.
  • The standard of living maintained during marriage.
  • The tax implications of the property division.

Who is at fault for the divorce will not be considered, and any property that you owned individually or that was specifically included in a prenuptial agreement may not be divided according to the terms of equitable distribution.

Call a Pennsylvania Divorce Lawyer For Help

If you and your soon to be ex-spouse cannot come to an agreement about the division of your property then it is important to contact an experienced Pennsylvania divorce attorney at (215) 523-6900 today for more information about protecting your rights and assets.

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