Equitable Distribution
Equitable distribution is the process of dividing marital assets and marital debts. Pennsylvania is an equitable distribution State and not a community property State. The courts divide marital assets and debts based upon principles of equity. This division of assets and debts does not mean that they will be divided on an equal basis.
Under the equitable distribution laws in Pennsylvania, the courts consider a variety of factors and are not required to equally weigh the factors. During equitable distribution the court focuses on the financial situation of both spouses after the divorce. When the court is determining how to equitably divide the marital estate some factors that they consider include the following: the length of the marriage; the age, health, and income of the parties; whether either party was previously married; whether either party has significant non-marital assets including assets excluded by a prenuptial agreement; whether either party will be serving as the custodian of any minor children; whether either party contributed to the increased earning potential of the other; the standard of living of the parties during the marriage; and tax consequences. It should be noted that fault for causing the end of the marriage is not a consideration or factor that is considered in the equitable distribution proceeding.
It is important that you contact a family law attorney who has the experience and knowledge to be sure your rights are protected and that you receive what is yours. The attorneys at The Law Offices of Williams & Scheetz are experienced, knowledgeable and will work hard to obtain the best possible outcome for you.
