Blog: Property Division
- Can my spouse claim part of my pension if we divorce?
Jan 10, 2025
Your pension might be the biggest asset you own after your home. Many people worry about losing part of their retirement savings during a divorce. Here’s what you need to know about the pension division in Pennsylvania. What makes a pension marital property? In Pennsylvania, the money you put into your pension during marriage becomes marital property. This means your spouse has a right to claim part of it. But here’s the good news: Any...Read More - Understanding marital and nonmarital debt
Oct 15, 2024
When it comes to divorce, one of the most contentious issues could be the division of debt. Understanding the difference between marital and nonmarital debt is crucial. This distinction could significantly impact your financial future. The difference between marital and nonmarital debt Marital debt typically refers to any financial obligations incurred during your marriage. This could include mortgages, car loans, credit card balances and other joint debts. Generally, both spouses are equally responsible for marital...Read More - How do prenups affect property division in Pennsylvania?
Aug 6, 2024
Prenuptial agreements play a significant role in divorce proceedings. They provide clarity and protection for both parties. In Pennsylvania, these agreements can greatly influence how property is divided during a divorce. Purpose of a prenup A prenuptial agreement, or prenup, is a legal contract signed by a couple before they marry. It outlines the distribution of assets and liabilities in the event of a divorce. Prenups aim to protect individual property, ensure fair division, and...Read More - Can divorcing spouses decide on the property division terms?
Mar 18, 2024
Property division brings multiple issues up for discussion and decisions. Usually, it is the courts that determine the outcome of these matters. However, parties may seek opportunities for collaboration and control over the decision-making process of the distribution. Is it possible? When divorce parties have control Divorcing spouses can decide on the terms of their property division by themselves. They can do so in two ways: by establishing a marital settlement agreement and by enforcing...Read More - How courts decide what is fair and equitable in property division
Dec 12, 2023
Property division is one of the most crucial aspects of a divorce because it profoundly impacts each spouse’s financial health and future. Accordingly, divorce parties usually inquire into the process to better understand how they stand in terms of property interests and set their expectations. In Pennsylvania, courts follow the rule on equitable distribution of property in divorce cases, wherein they divide marital properties between spouses fairly and equitably. But how do courts decide what...Read More - What the marital standard of living means
Oct 16, 2023
A married couple’s lifestyle encompasses numerous factors – the kind of house they live in, the cars they drive, and their preferred clothes, restaurants and vacations. Aside from these luxurious choices, it also includes their basic necessities, such as their child’s education and other daily expenses. Thus, their marital standard of living is the level of comfort they enjoy together. However, divorce can throw their spending habits into chaos. It breaks the single household they...Read More - How is debt divided in a divorce?
Sep 20, 2023
When two people decide to get married, they bring more than just their personalities and preferences to their relationships. They also bring their financial histories and obligations, such as debts from student loans, credit cards, mortgages or other sources. Some of these debts might have been there before they got married. But there’s no doubt they could also come up during the marriage. These debts can affect both people or maybe just one. So, what...Read More - What properties are not subject to division in a divorce?
Aug 1, 2023
It is common for divorcing spouses to have a pile of questions about the divorce process. One of their main concerns is determining which properties the court will distribute between spouses and which ones are excluded from the division. Following the equitable division of property, Pennsylvania courts will distribute marital assets between spouses fairly and equitably. Marital assets are those properties the spouses acquire during the marriage. This means that the distribution does not include...Read More - Using collaborative law to divide property in a divorce
Mar 16, 2023
Some divorcing couples may think that fighting things out in court is the only way to divide property. However, an alternative method is becoming a more popular way for couples who want to avoid a legal battle. According to FindLaw, collaborative law includes attorneys for each side. However, their goals are more collaborative and productive than in litigation. Benefits of collaborative law There are various benefits of collaborative law: Less expensive and time-consuming than litigation...Read More - What is separate property?
Jan 5, 2023
As you begin to work on a divorce agreement, you will need to make many decisions. Property division will be one of the more complex issues you must handle. When dividing your property, you need to understand the difference between marital and separate property. Martial property is something you and your spouse own that you will split, but separate property belongs only to you, and you retain it after the divorce. Basic definition In general,...Read More