Equitable Distribution

Equitable Distribution of Marital Property in a Divorce

The Law Firm of Pozzuolo Rodden, P.C., Philadelphia Family Law Attorneys, announces the release of the article “Equitable Distribution of Marital Property in a Divorce”.

In Pennsylvania “marital property” is defined as “all property acquired by either party during the marriage and the increase in value of any non-marital property.” Simply put this means that any assets a couple acquires during the period of their marriage is viewed jointly as “marital property.” However, if a spouse owned property prior to the date of marriage then some or all of the property may be deemed non-marital property.

This is an important distinction for couples going through a divorce because in Pennsylvania as part of the divorce process property is divided by equitable distribution. According to Pennsylvania’s Divorce Code, equitable distribution allows the court to “equitably divide, distribute or assign, in kind or otherwise, the marital property between the parties without regard to marital misconduct in such percentages and in such manner as the court deems just after considering all relevant factors.” This means that the court is free to divide the marital property of the couple in the way it deems just and fair, which does not necessarily mean the division of property will be equal between parties.

If you would like to read the full article, please click here.
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