Agreement Division Properties With Exponents In Pennsylvania
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Unlike some states, Pennsylvania is not a 50/50 state. Instead, it is an "equitable distribution" state, which means that if the parties are unable to reach a settlement, the court will decide what a fair division of the marital assets is.
Pennsylvania recently adopted the Family Law Arbitration Act (FLAA), which became law on July 7, 2024. The FLAA allows decisions related to divorce, property division, alimony, child support and other matters to be made by a qualified third party “arbiter.”
In a Pennsylvania divorce, marital property is equitably distributed between the spouses. Simply put, equitable distribution means that marital property will be divided “fairly” between the parties.
In fact, there is no divorce circumstance in Pennsylvania where a marriage is automatically terminated after the passage of a period of time. The one year separation period, however, is important. After spouses have been separated for a year, one spouse may ask the Court to grant their divorce.
Property could be divided 50/50 between each spouse during a divorce in Pennsylvania, but it is not the default. Pennsylvania is an equitable distribution state, meaning that during a divorce assets are distributed in a way that is fair based on the needs and abilities of each spouse.
What is a wife entitled to in a divorce in PA? The wife is not automatically entitled to anything that is not her direct property or assets in a divorce in PA. Alimony payments may be required based on the wife's situation and any division of property will also be determined based on other factors.
--Upon the request of either party in an action for divorce or annulment, the court shall equitably divide, distribute or assign, in kind or otherwise, the marital property between the parties without regard to marital misconduct in such percentages and in such manner as the court deems just after considering all ...
If your spouse won't consent to the divorce, you'll need to meet Pennsylvania's separation requirement. For divorces filed after December 5, 2016, this period is one year of living apart. This doesn't mean you have to move out of the marital home—living separate lives under the same roof can count as separation.
Property could be divided 50/50 between each spouse during a divorce in Pennsylvania, but it is not the default. Pennsylvania is an equitable distribution state, meaning that during a divorce assets are distributed in a way that is fair based on the needs and abilities of each spouse.
In Pennsylvania, most property acquired during the marriage is marital property subject to equitable distribution either by the Court or by private agreement. When couples divorce, the property is divided based upon what is equitable. There is no presumption that marital property will be equally divided.
