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 situation.
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 here.
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 $299. If the idea of a low-cost, amicable divorce appeals to you, contact us today to get started!