Pittsburgh, PA Equitable Division of Property Lawyers

Legal Services with Compassion, Understanding & Respect

Need more info? Call 412.303.9566 or E-Mail us today.

Equitable Distribution of Property - How will your assets be divided?

We can provide counsel on the distribution of assets

Our Pittsburgh lawyers help our clients negotiate and settle disputes about the division of marital property. If the parties cannot reach an agreement regarding the division of martial property we litigate the Equitable Division of Property in the local court system. If you have questions about Equitable Division of Property in Pennsylvania we would be happy to speak to you.

Know your rights - Preserve your Wealth - Protect your Assets

Generally “Marital Property” is comprised of any asset acquired by either spouse from the date of marriage through the date of separation. Also the increase in value of any asset owned by either party prior to the date of marriage is considered a marital asset unless specifically noted otherwise in a prenuptial agreement.

Depending on the ability of the divorcing parties to cooperate they may be able to enter into an agreement which takes into account the distribution of all marital assets. This option is often preferred by those people who wish to avoid having to resort to involving the court, and who wish to have greater control over the final agreement.

Other times the parties will not agree as to what is marital property, or the appropriate way to divide such assets, and in such cases the matter will need to be litigated. Note that “equitable” does not mean “equal”. The court will look at a number of factors including the respective employment and earning capacities of each party, and may divide the assets “equitably” although one spouse may receive a more significant portion of the martial estate.

An inheritance received by one party during the marriage is generally a non-marital asset if it is kept separate from marital funds. However if an inheritance is co-mingled with marital assets the inheritance will generally be considered a marital asset. The most common instance is when one spouse receives an inheritance and uses that money to put a down payment on a house which is acquired after the date of marriage.

Another important concept to understand is the date of separation. This is the date which concludes the period of time during which assets are considered part of the marital estate. This can be marked by the date of filing of a Complaint in Divorce, or when one spouse moves out of the marital residence. However, two people can remain living in the same house and still be considered separated if they hold themselves out as such to friends and family. Also the closing of joint accounts is indicative of the desire to be “living separate and apart” which is the standard used by the court to determine whether there was an actual separation.

Once the date of separation is established it is easier to determine the value of marital assets since any increase in value of a premarital asset will be calculated as of the date of separation.

The most cost effective way to handle the distribution of the marital estate, including all marital assets and debts may be through the use of a Marital Settlement Agreement, or "MSA". On the other hand if the parties are unable to agree on a division of the marital assets or debt, the court will be involved in a process known as equitable division of property. This is a more time consuming process and may include one or more conciliations, as well as the exchange of formal discovery between the parties, and ultimately may require attendance at an equitable distribution trial.

To discuss what may be considered marital property, or for more information about Equitable Division of Property in Pennsylvania, call Scott L. Levine at 412.303.9566.

Hartley Rose Building | 425 1st Avenue | Pittsburgh, PA 15219
Phone: 412.303.9566 | www.pghdivorce.com | Fax: 412.774.2168
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The material provided on pghdivorce.com is provided as general information only and in no way does it constitute legal advice or establish any attorney-client relationship. No one should rely on this information when making important decisions about a legal matter. If you are in need of legal assistance you should contact a lawyer who practices in the jurisdiction where you live.

425 1st Avenue | Pittsburgh, PA 15219 | Phone: (412) 303-9566 | Fax: (412) 774-2168 | pghdivorce.com

We offer legal services for Family Law matters including: Contested Divorce, Uncontested Divorce, Custody, Partial Custody, Shared Custody, Full Custody, Legal Custody, Child Support, Modifications to Child Support, Spousal Support, Modifications to Spousal Support, Alimony, APL, Protection From Abuse, PFA, Marital Settlement Agreements, Separation Agreements, Equitable Distribution of Property, Name Change, Paternity & Pre-Nuptial Agreements. We handle court hearings, conferences, litigation, motions, settlements and negotiations. We draft and prepare legal documents, pleadings, motions, briefs, petitions for special relief, petitions for contempt, divorce complaints and custody complaints. We offer estate planning services, including the drafting of wills, living wills, health care power of attorney documents, HCPOA, advance directives, power of attorney, POA and simple wills. We offer reasonable rates and fees, and have flexible payment options. We accept cash, check, money orders, debit cards, credit cards, Visa, MasterCard and American Express. We offer hourly billing and flat fee agreements depending on the circumstances.

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