Details the court will consider for equitable property division

Going through a divorce means that your life will change in many ways. You may be able to predict some of those changes, but others may not show themselves until well after you have signed the divorce papers. As a result, a favorable outcome to a divorce case often means you will have what you need to face your present needs and those that could come in the future.

One area to focus on during divorce that could affect your well-being is property division proceedings. Not every state handles these proceedings the same, and you may need to help yourself work toward favorable outcomes. In Pennsylvania, equitable property division laws dictate the division of assets, meaning that the court will come to terms that are as fair as possible though not necessarily equal.

What does the court take into consideration?

When it comes to reaching an equitable outcome, the court will consider various aspects of your life and the circumstances of your marriage. Some details that could play roles in this process include the following:

  • Each party’s level of education
  • Each person’s income level
  • The employability of each individual
  • Your age and health as well as your spouse’s
  • Spending habits of each of you

These details are important because they help the court consider the future prospects of each person. If you earn a lower income than your spouse, the court may consider it fairer to give you more assets when dividing property to help offset financial difficulties you could face in the future due to your lower income. As mentioned, predicting future needs and changes is not easy, so even when the court takes an equitable route, it may miss certain details that could prove important to you and your financial well-being.

How can you help yourself?

Even though equitable property division law does rule property division proceedings, that fact does not mean that you cannot fight for assets you desire. You may still have the ability to negotiate for assets that you feel particularly strongly about. Of course, it may be difficult to reach the outcomes you desire, so it is wise to discuss your options and tactics with an experienced attorney who could help you understand how state laws will affect the process and how you can put your best foot forward.


The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

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