Marital Property

MARITAL PROPERTY



Marital Property as defined by 23 Pa.C.S. 3501 means all property acquired by either party during the marriage, including the increase in value, prior to the date of final separation, of any non-marital property acquired pursuant to paragraphs (1) and (3) except: 1) Property acquired prior to marriage or property acquired in exchange for property acquired prior to the marriage. 2) Property excluded by valid agreement of the parties entered into before, during or after the marriage. 3) Property acquired by gift, except between spouses, bequest, devise or descent. 4) Property acquired after final separation until the date of divorce, except for property acquired in exchange for marital assets. 5) Property which a party has sold, granted, conveyed, or otherwise disposed of in good faith and for reasonable value prior to the date of final separation. 6) Veteran's benefits exempt from attachment, levy, or seizure, except for those benefits received by a veteran where the veteran waived a portion of his military retirement pay in order to receive veteran's compensation. 7) Property to the extent to which the property has been mortgaged or otherwise encumbered in good faith for value prior to the date of final separation. 8) Any payment received as a result of an award or settlement for any cause of action or claim which accrued prior to the marriage or after the date of final separation regardless of when the payment is received.

Equitable Distribution.
Under section 23 Pa. 3502, the court shall equitably divide marital property, between the parties without regard to marital misconduct in such proportions and in such manner as the court deems just after considering all relevant factors, including: 1) the length of the marriage. 2) any prior marriage of either party. 3) the age, health, station, amount, and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties. 4) the contribution by one party to the education, training or increased earning capacity of the other party. 5) the opportunity of each party for future acquisitions of capital assets and income. 6) the sources of income of both parties, including, but not limited to, medical, retirement, insurance or other benefits. 7) the contribution or dissipation of each party in the acquisition, preservation, depreciation, or appreciation of the marital property, including the contribution of a party as a homemakes. 8) the value of the property set apart to each party. 9) the standard of living of the parties established during the marriage. 10) the economic circumstances of each party, including Federal, State, and local tax ramification, at the time the division of property is to become effective. 11) whether the party will be serving as the custodian of any dependent minor children.
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