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Pennsylvania Divorce—Equitable Division

By Sheryl Rentz on January 30, 2013

Property division at the end of a marriage is not always a peaceful process. Pennsylvania is an “equitable distribution state,” meaning distribution must be fair. This does not mean that property is necessarily divided equally. Property must be negotiated.

Your first instinct may not be to do direct negotiations with your marriage partner. In fact, a settlement agreement, a written document informing the Court exactly how a couple want marital property to be divided, may be impossible for the two of you to reach agreement on. If your efforts to work together to reach an agreement fails, and if certain assets remain in dispute, the Court will make the distribution according to the system of “equitable division.”

At the Law Offices of Sheryl R. Rentz we, are experienced at dealing with Montgomery County Pennsylvania property division and can help make sure that “equitable division” is in fact fair.

Fair Division of Assets

Equitable division means the property will be divided between marriage partners based on a judge’s determination regarding a set of facts that explain how each partner contributed to the assets within the marriage or may have harmed that contribution. The Court also takes into consideration the amount each spouse will need moving forward. The division does not have to be evenly done in order to be considered fair.

Factors Taken into Consideration

The Court takes several things into consideration when determining fair property distribution. These include the following:

  • The amount of real marital property
  • The duration of the marriage
  • How each partner may have contributed to the acquiring of assets
  • How each partner may have caused marital assets to be depleted
  • The age, sources of income, health, employability, debt, and separate property of each divorcing spouse

Whether or not the marriage failed because one spouse behaved immorally, had an affair, etc., may factor into alimony payment amounts but does not by itself harm you in the matter of property division.

Please contact the Pennsylvania Law Offices of Sheryl R. Rentz to find out more about property division if you planning to begin the divorce process. Call us at (610) 645-0100.

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