One term that virtually every divorcing couple must address is the division of marital property, and it can become very complicated very quickly. The State of Pennsylvania employs what’s called equitable distribution of marital assets. This means that all marital assets must be divided between the divorcing spouses fairly, in the context of their unique circumstances. While this can translate to an even division, it doesn’t necessarily. Discuss your case with our experienced State College property division lawyers at Topinka Law today.

Identifying Marital Property in State College

Anything you, your spouse, or you and your spouse together came to own during your marriage is generally considered marital property that must be divided between you upon divorce. The very few exceptions to this rule in Pennsylvania include the following:

• A gift or inheritance that either of you receives in your name alone
• Any property or assets that either of you owned prior to your marriage and kept separate during your marriage
• The pain and suffering portion of any personal injury claim initiated by either spouse during your marriage

It’s also important to note that anything either of you acquired after the date that a final separation begins is considered separate property in Pennsylvania.

Separate Property

Separate property refers to those assets that either of you owned prior to marriage and kept separate, in terms of finances, during your marriage. Any commingling of a separate asset with marital assets can weaken the original owner’s claim on its separate nature. Additionally, any increase in the value of a separate asset during the marriage is generally considered marital property.

The presumption in the State of Pennsylvania is that all assets are marital property. While this presumption can be overcome in a divorce, the burden of proof lies with the spouse who makes the claim.

The fair division of marital property is a complex legal matter that calls for the skilled legal guidance of a dedicated legal representative.

The Factors that Define Equitable Distribution

Divorce cases in State College are heard in the Family Law Division of the Centre County Court of Common Pleas. The primary factors that are taken into consideration regarding property division include the following:

• The number of years of the marriage
• The contributions that each of you made to the marriage, including via non-economic means such as caring for the children and home, or supporting the other’s career goals
• Your ages and overall mental and physical health
• Your income, overall employability, and earning capacity, as well as your spouse’s
• The standard of living achieved during your marriage, which the court will attempt to preserve for each of you, to the degree possible
• Each spouse’s custodial responsibilities for any minor children of the marriage
• The tax consequences of the proposed division

Our Experienced State College Property Division Lawyers Can Help

Our resourceful State College property division attorneys at Topinka Law are well-equipped to skillfully advocate for your financial rights in divorce. Because the outcome of your case is important to your financial future, you shouldn’t wait to contact us online or give our firm a call at 814-954-7280 for more information today.