Equitable distribution refers to dividing marital property in an equitable manner. This does not mean equal necessarily. Pennsylvania does not begin with a presumption that marital property be divided equally. Rather, there are a list of factors the Court looks at to determine distribution of marital property. Some of the factors the Court considers to determine distribution include the length of the marriage, ages and health of each of the parties, employability, vocational and educational training of each of the parties, earning capacity and future earning potential of each of the parties, and whether either party will be the custodian of the parties' minor children. There are additional factors that the Court considers when determining an equitable distribution of marital property. You should speak with an attorney regarding the applicable factors the Court may consider in your particular case.
Marital property includes property acquired from the date of marriage through the date of separation. Marital property may also include increase in value of assets owned prior to marriage, and/or property acquired by either party following the date of separation if such property is purchased using marital funds. There are also exceptions in which property which you may consider to be marital may not be considered marital under current Pennsylvania law.
Contact Karen Goldberg, Esq., P.C. to review your case with an attorney and discuss what is considered marital property and the relevant factors for distribution of the same.