Navigating the Marital Home in a Pennsylvania Divorce


Navigating the Marital Home in a Pennsylvania Divorce

A divorce is an emotionally charged time, and one of the most significant issues that needs to be worked out is who will keep the marital home.  If you are going through a divorce in Pennsylvania, it is important to understand how state laws may affect your decision. In this blog post, we take a look at what you need to know about who gets the marital home during a divorce in Pennsylvania.

Pennsylvania Law Regarding Marital Property

In Pennsylvania, with limited exceptions, all property acquired during the marriage is considered “marital property.” This includes pensions and retirement benefits, bank accounts, real estate holdings, and even debt incurred during the marriage. Pennsylvania is an equitable distribution state, which means that all marital assets will be divided in a way that is deemed fair by the court. In some cases, this can mean an equal split of all assets; however, it does not necessarily mean equal division of each asset—one spouse could receive more of one asset than the other if deemed appropriate by the court.

When deciding who keeps what during a divorce, there are several factors that courts consider when determining how to distribute marital assets such as:

  • The length of the marriage
  • The earning capacity of both spouses
  • Any prior marriages either spouse may have had
  • The age and health condition of each spouse
  • The contributions each spouse made to their shared wealth or debts
  • Tax implications associated with certain assets
  • Each spouse’s current financial situation and future needs
  • Any agreements between both spouses regarding asset division before filing for divorce

The goal of equitable distribution is not simply dividing items down the middle; it is also making sure that each partner is able to emerge from the divorce with enough resources for a new life afterwards. With this in mind, courts generally try to award each partner assets that enable them to continue living at approximately the same standard they were used to while married.

When it comes to who gets the marital home during a divorce in Pennsylvania, there are many factors that come into play—from marital assets to tax implications—and ultimately it will be up to the court as to who gets what. It is important for divorcing couples in Pennsylvania to consult an attorney familiar with state law so they understand their rights when it comes time to negotiating during the divorce process. With legal guidance and understanding these key factors outlined above, divorcing couples can make informed decisions about who should get the marital home and other large assets when navigating their post-divorce lives.

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Founded in 1994 by Gregory P. LaMonaca, our firm is dedicated to serving the needs of our clients throughout the Main Line, Pennsylvania and beyond, with a team-oriented approach. To learn more about our company and its philosophy, go to the about the firm page. Whether it is a basic case or a more complex case, we take each case extremely seriously and act accordingly.