Educating Clients On Property Division Issues

One of the major concerns that those going through a divorce case have is how their marital property and assets will be divided once the divorce is over, and how they will be able to move forward as a single person. In every marriage there are assets that are solely owned by each individual as well as marital assets that are owned by both people. In order to fully understand your rights in divorce property division matters, talk with me, attorney Michael E. Eisenberg.

Having handled family law cases and divorce issues for more than 25 years, I strive to help my clients keep or obtain the property to which they are entitled. Homes, vacation properties, personal property, monetary accounts, retirement accounts and 401(k)s are examples of the types of things that are divided. Pennsylvania is an equitable distribution state, which means marital property is divided in a way that the court determines is fair and equal, which may or may not be a 50/50 distribution.

For a free confidential consultation at my Hatboro office, please contact me at 267-728-4535 or 800-851-2534. My firm serves clients in Montgomery County, Bucks County and throughout Pennsylvania.

How "Fair And Equitable" Is Determined

The term "fair and equitable" is more loosely defined than dividing things exactly in half. There are several factors that will be considered before the terms are settled. The court tries to make sure that each person will be able to sufficiently support themselves after the divorce. It also considers their ability to do so. If they are not as highly trained or experienced in the workplace as their spouse, they will look at the what family contributions and sacrifices they have made in order to support the success of their spouse, while foregoing some of their own ambition. Each spouse's age and ability to train for new opportunities may play a role as well, as well as the length of the marriage. Although the court generally tries to be fair, it doesn't mean that they will get the distribution right in the eyes of either of the spouses.

Dividing Property

In dividing property, one of the first things to be determined is what is marital property and what is separate. If one of the spouses owned the property before the marriage free and clear, the value of the property at the date of marriage will likely go back to the original owner, but increases in value are generally considered as marital property. If the property was in one person's name, but payments were made after the marriage began, part ownership may be granted to the other spouse by a divorce court, if there is equity in that real estate. The longer the couple was married, the more likely they are to be given rights to some of their spouse's retirement income. Priorities also often lean toward protecting each person's share of a primary residence than they would for vacation property, depending on contributions and equity in those assets.

To learn more about property division and other divorce issues, call me, an experienced divorce lawyer, at 267-728-4535 or 800-851-2534 today. I can also be reached through my online contact form.