If you live in Pennsylvania and your marriage is ending, you may be wondering
if Pennsylvania is a 50/50 state in regard to divorce. Technically, 50/50
states are called “community property” states because each
spouse is entitled to 50 percent of the marital assets acquired during
the marriage in the event of a divorce.
There are only a small handful of states that follow the community property
model, including Arizona, California, Idaho, Louisiana, Nevada, New Mexico,
Texas, Washington, and Wisconsin. Pennsylvania is NOT a community property
state. Instead, it is an “equitable distribution state.
Equitable Distribution in a PA Divorce
Like most states, Pennsylvania follows the “equitable distribution” model of
dividing marital property in a divorce. Equitable distribution does not necessarily mean “equal”
under Pennsylvania law. If the spouses cannot reach an agreement about
how to divide their marital property, they could end up in court and a
judge will have to decide for them – this is usually an undesirable
If a judge has to decide how to divide a couple’s marital property,
he or she will examine a number of factors, including but not limited to:
- The duration of the marriage;
- If either spouse was married before;
- The age and health of each spouse;
- Each spouse’s debts, assets, and income;
- The employability of each spouse;
- The contribution of either spouse as a homemaker;
- The dissipation of marital assets by either spouse;
- The standard of living established during the marriage; and
- Each spouse’s economic circumstances at the time the assets are divided.
To learn more about Pennsylvania’s laws about dividing marital assets, click
If you are considering a divorce, the best way to stay out of court and
have control over how your marital assets are divided is to have a no-fault
divorce. At Cairns Law Offices, we specialize in
no-fault divorces for only $219. If the idea of a low-cost, amicable divorce appeals to you, contact us
today to get started!
Avoiding the Biggest Divorce Mistakes