Is the property divided equally in Pennsylvania?

Not necessarily. That could happen, but we have what is called an equitable distribution, not equal distribution statute. The statute is equitable, which means equitably – what is fair, what seems fair to the court, what seems appropriate under the facts and the circumstances. The Divorce Code in Pennsylvania has 11 factors that the court’s going to consider in deciding whether it’s a 50/50 or 60/40 or 70/30. Those 11 factors are the following.

1. the length of the marriage
2. any prior marriage of either party
3. the age, health, station, amount and sources of income, vocational skills, employability, estate liabilities and needs of each of the parties.
4. the contribution by one party to the education, training or increased earning power of the other party.
5. the opportunity of each party for future acquisitions of capital assets and income.
6. the sources of income of both parties, including, but not limited to, medical, retirement, insurance or other benefits.
7. the contribution or dissipation of each party in the acquisition, preservation, depreciation or appreciation of the marital property, including the contribution of a party as a homemaker.
8. the value of the property set apart to each party.
9. the standard of living of the parties established during the marriage.
10. the economic circumstances of each party at the time the division of property is to become effective. In terms of the assets being distributed, the court needs to consider the tax consequences and the costs of those assets, meaning:
    
    1. the federal, state and local tax ramifications associated with each asset to be divided, distributed or assigned, for which ramifications need not be immediate and certain.
    2. the expense of sale, transfer or liquidation associated with a particular asset, which expense need not be immediate and certain.
11. whether the party will be serving as the custodian of any dependent minor children.

David L. Ladov is a partner and co-chair of the Family Law Group at Obermayer Rebmann Maxwell & Hippel LLP. He focuses his practice on divorce, including custody, child support, equitable distribution, abuse and domestic relations. David can be reached at (267) 675-4976 or [email protected].

View their firm website www.obermayerfamilylaw.com and their Divorce Magazine profile.