Pennsylvania Property Division

**Marital property** (subject to division): - All property acquired during the marriage, regardless of whose name it's in - Increase in value of non-marital property during the marriage - Gifts between spouses **Non-marital property** (remains with owner): - Property owned before the marriage - Inheritances received by one spouse - Gifts from third parties to one spouse - Property excluded by valid prenuptial agreement - Property acquired after final separation **The marital home**: If purchased during the marriage, it's marital property. If owned before, only the appreciation during the marriage is marital.

Pennsylvania courts consider these factors when dividing property: 1. **Length of the marriage** 2. **Prior marriages** of either party 3. **Age, health, station** of the parties 4. **Vocational skills and employability** 5. **Liabilities and needs** of each party 6. **Contribution** to the education or earning power of the other 7. **Contribution as homemaker** 8. **Value of non-marital property** 9. **Standard of living** established during marriage 10. **Economic circumstances** of each party after division 11. **Whether the property award is instead of or in addition to alimony** **Marital misconduct** (such as adultery) is also a factor that can influence the division.

**Valuation date**: Generally the date of separation or filing, depending on the asset type. **Key valuation considerations**: - **Real estate**: Appraisals by certified appraisers - **Businesses**: May require forensic accounting or business valuation experts - **Retirement accounts**: Often the largest marital asset — requires careful valuation - **Stock options**: Complex valuation depending on vesting schedules **Dissipation**: If one spouse wasted marital assets (gambling, affair expenses, unusual spending), the court may credit the other spouse.

Pennsylvania has specific rules for dividing retirement benefits: **Defined benefit pensions**: Use the 'coverture fraction': - Months of marriage during pension accrual ÷ Total months of pension accrual × 50% of the benefit **Example**: If the pension was earned over 30 years and the marriage lasted 20 of those years, the non-employee spouse gets: (20/30) × 50% = 33% of the pension **401(k)s and IRAs**: Divided by QDRO (Qualified Domestic Relations Order) or direct transfer **Social Security**: Not divisible in divorce, but may be relevant to alimony calculations