Pittsburgh Divorce Lawyer - Family Law - Custody - Child Support Collaborative Law & Mediation
Pittsburgh Divorce Settlements - Equitable Distribution of Property Lawyer

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.


Law Offices of Scott L. Levine, LLC
425 1st Ave - 6th Floor
 Pittsburgh, PA 15219
(412) 303-9566 

Know your rights - Preserve your Wealth - Protect your Assets

Equitable Distribution of Property in PA - What is the martial estate and how will your assets be divided?

Divorce Settlements
We provide legal counsel on the distribution of marital assets
Legal counsel for distribution of marital assets

Marital Property

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. 

Settlement

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.

Litigating Equitable Distribution

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. 

Inheritances

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.

Date Of Separation

The date of separation is an important consideration when reviewing your options in resolving a divorce. The date of separation marks the end of the martial portion of many debts and assets while the value of other assets will be valued at the time of trial.

Use of Marital Settlement Agreements

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.

Law Offices of Scott L. Levine, LLC
425 1st Avenue - 6th Floor, Pittsburgh, PA 15219

 Phone: 412.303.9566 - Fax: 412.202.3852

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.