Property Division Lawyer in Harrisburg, PA

Pennsylvania does not automatically divide marital property equally between spouses. While courts strive for a fair division, it’s important to work with an attorney to advocate for your interests. Our property division lawyers in Harrisburg, PA work diligently to protect client assets during divorce.

Marital and Separate Property

Marital property is subject to division during divorce and is divided equitably. Pennsylvania generally treats any property acquired during the marriage as marital property, such as:

• Real estate
• Bank accounts
• Debts
• Retirement accounts
• Investments
• Business interests
• Vehicles
• Personal belongings
• Employment benefits

Separate property typically includes property acquired before marriage and certain gifts or inheritances. Separate property is generally not divided during divorce unless it has become mixed with marital property. 

Equitable Distribution Factors

When dividing property, the court does not have to divide every marital asset using the same percentage. For example, the court could divide one asset evenly and give another asset fully to one spouse. To determine how to divide marital property, Pennsylvania courts may factor in: 

• How long the marriage lasted
• The standard of living the spouses had during the marriage
• Whether either spouse was previously married
• Each spouse’s age, health, income, sources of income, job skills, ability to earn income, property, debts, and financial needs
• Whether one spouse helped the other spouse obtain an education, job training, or greater ability to earn income
• Each spouse’s opportunity to obtain property, investments, or income in the future
• The sources of income and benefits available to each spouse, including medical benefits, retirement benefits, insurance benefits, and other benefits
• Each spouse’s contributions to obtaining, maintaining, increasing, or decreasing the value of the marital property. This includes contributions made by a spouse who worked as a homemaker.
• The value of the property that each spouse will receive separately
• Whether one spouse will have custody of or be responsible for caring for minor dependent children

Valuing Complex Assets

Dividing property in a divorce involves more than making a list of assets. Some assets may be partly marital and partly nonmarital. The nonmarital portion generally remains with the spouse who originally owned it, while the marital portion is considered when dividing the couple’s property. 

The asset itself does not necessarily have to be sold or physically split. One spouse may keep the entire asset, while the other spouse receives other marital property to account for their share.

Tax consequences must also be factored into the property division process. For instance, one spouse might receive a $100,000 investment account while the other receives $100,000 in cash. The two assets have the same stated value, but selling the investment may result in capital gains taxes, reducing the amount the spouse ultimately receives.

Work Through Property Division Issues With Our Equitable Distribution Attorneys in PA

Mette Attorneys at Law helps clients throughout Harrisburg and Central Pennsylvania navigate the complexities of property division during divorce. Our attorneys work to protect your financial interests and help you pursue a fair resolution to your divorce.

If you need an equitable distribution attorney in PA, contact our office today by calling 717-232-5000 or by using our online contact form.