When a marriage ends in Pennsylvania, the court aims to split assets fairly through a process called equitable distribution. But what exactly does “fair” mean?
Pennsylvania law recognizes the value of both financial and non-financial contributions in a marriage. When it comes to asset division, courts acknowledge each spouse’s role in the marriage, regardless of who earned the paycheck.
Understanding financial contributions
Financial contributions are often the easiest to quantify. They include:
- Income from work
- Investments and savings
- Retirement accounts
- Real estate properties
Pennsylvania courts typically assess these contributions by looking at bank statements, tax returns and other financial documents. The courts consider not just the amount earned but also how the family received help from that money.
Recognizing non-financial contributions
Non-financial contributions, while less tangible, are equally important in the eyes of Pennsylvania law. These can include:
- Childcare and parenting
- Managing the household
- Supporting a spouse’s career
- Maintaining the family home
Courts understand that these contributions often allow the other spouse to focus on their career. For example, if one spouse stayed home to raise children, helping the other move up at work, the court will factor this into their decision.
Weighing both types of contributions
When dividing assets, Pennsylvania courts consider several factors:
- Length of the marriage
- Age and health of each spouse
- Standard of living during the marriage
- Each spouse’s future earning capacity
These factors help the court decide how to divide assets equitably. For instance, if a homemaker has been out of the workforce for years, they might receive a larger share of assets or alimony to account for their reduced earning potential. It’s important to note that “equitable” doesn’t always mean “equal.” The court’s goal is fairness, not necessarily a 50/50 split.
Whether you’re the breadwinner or the homemaker, keeping track of your contributions is crucial. Keep records of financial transactions, but also document non-financial contributions. This might include calendars showing childcare responsibilities, records of household tasks or evidence of supporting your spouse’s career.
Know what to expect
Divorce laws can be complex, and asset division is often one of the most challenging aspects. An attorney can help you understand your rights and options in light of your specific circumstances.