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In Pennsylvania, the courts say marital property is everything that is acquired from the date of marriage until the date of separation, regardless of title ownership. So for example, if one of the parties has a pension or retirement benefit in their name alone, that portion that is earned during the marriage is marital property. Pennsylvania also considers marital property the appreciation of premarital property or any gift or inheritance that they might receive during the marriage. Some of our contiguous states don’t look at appreciation of non-marital property but Pennsylvania does and that’s part of the marital estate. 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]. Robert Whitelaw is a managing partner and co-chairman of Obermayer Rebmann Maxwell & Hippel LLP’s Litigation Department and Family Law Group. He has 40 years of experience in practicing family law. Robert can be reached at [email protected] or (215) 665-300. View their firm website www.obermayerfamilylaw.com and their Divorce Magazine profile. |
If there was a Army Retired soldier before marriage, say seven years before marriage, is the retirement it part of the estate? She was not married to him when he retired from the Army. Is that considered separate property? Thank you for your time.