Who Will Receive More Assets In A Pennsylvania Divorce?

Who Will Receive More Assets In A Pennsylvania Divorce?

You want to know who will get the most marital property in a Pennsylvania divorce? What factors does the court take into account to assign more assets to one of the spouses? Who Will Receive Less Assets in a Pennsylvania Divorce?

Knowing how you will divide marital property is important to obtaining a successful divorce in Pennsylvania. This allows you to show the court the reasons why you should receive more marital property.

So here I will leave everything on how the court will divide the property.

Will the court consider the misconduct of one of the spouses in dividing the marital property in Pennsylvania?

In Pennsylvania the court does not consider marital misconduct when dividing marital property. This means that if you are the guilty spouse you may still receive more assets, and if you are the innocent spouse that does not mean that you are the one who receives more assets.

On what basis does the court perform the division of marital property in Pennsylvania?

The court will divide the marital property according to what it deems fair.

What factors are relevant to the equitable division of marital property for the court?

In Pennsylvania, the court considers eleven factors to make a fair division of marital property, and they are as follows:

(1) The duration of the marriage.

This means how long the spouses were married, the greater the number of years, the greater the amount of property.

(2) Any prior marriage of either party.

(3) The age, health, position, amount and sources of income, vocational skills, employability, assets, responsibilities and needs of each of the parties.

This means that the court will assign a greater amount of assets to the spouse who is in a worse condition in the economic, educational, work, and health sense, among others. Example if you are in poor health, you will receive a greater amount of goods.

(4) The contribution of one of the parties to the education, training or increase of the purchasing power of the other party.

This means that the court will assign a greater amount of property to the spouse who contributed to the progress of the other party. Example, if you helped your spouse to study, the court will assign you a greater amount of property.

(5) The opportunity of each party for future acquisitions of capital assets and income.

This means that the court will assign less assets to the spouse with the best chances.

(6) The sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits.

This means that you will assign more assets to the spouse who has less income.

 (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.

This means that the court will consider how much you contributed to the financial estate of the marriage, including working around the house.

(8) The value of the property set aside for each party.

(9) The standard of living of the parties established during the marriage.

(10) The economic circumstances of each of the parties at the time the property division will take effect.

(10.1) The federal, state and local tax ramifications associated with each asset to be divided, distributed or assigned, the ramifications of which need not be immediate and certain.

(10.2) The selling, transfer or liquidation expense associated with a particular asset, the expense of which need not be immediate and certain.

(11) Whether the party will act as custodian of any dependent minor child.

This implies that if you will be the one who takes care of the children, the court will assign you a greater amount of property.

Finally, in order for you to obtain more assets in a Pennsylvania divorce, you will need to show that most of the above factors apply to you. 


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