Pennsylvania Divorce Property Division

What the Law Says

Pennsylvania courts divide marital property under an equitable distribution standard — the judge decides what's fair, which may or may not be 50/50.

Pennsylvania divides marital property “in such proportions and in such manner as the court deems just” under 23 Pa.C.S. §3502(a) — expressly “without regard to marital misconduct” — after weighing thirteen enumerated factors, including the length of the marriage; prior marriages; each party's age, health, station, income sources, vocational skills, employability, estate, liabilities, and needs; contribution to the other's education or earning power; future acquisition opportunity; income sources including retirement and insurance benefits; contribution or dissipation (including homemaker contributions); the value of property set apart; the standard of living; economic circumstances; tax ramifications (§3502(a)(10.1)); the expense of sale, transfer, or liquidation (§3502(a)(10.2)); and custodianship of dependent minor children. Pennsylvania case law rejects any presumption of equal division.

Division Factors (23 Pa.C.S. §3502)

What Pennsylvania courts weigh:

1. Length of the marriage (23 Pa.C.S. §3502(a)(1))
2. Any prior marriage of either party (§3502(a)(2))
3. Age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities, and needs of each of the parties (§3502(a)(3))
4. Contribution by one party to the education, training, or increased earning power of the other party (§3502(a)(4))
5. Opportunity of each party for future acquisitions of capital assets and income (§3502(a)(5))
6. Sources of income of both parties, including, but not limited to, medical, retirement, insurance, or other benefits (§3502(a)(6))
7. Contribution or dissipation of each party in the acquisition, preservation, depreciation, or appreciation of the marital property, including the contribution of a party as homemaker (§3502(a)(7))
8. Value of the property set apart to each party (§3502(a)(8))
9. Standard of living of the parties established during the marriage (§3502(a)(9))
10. Economic circumstances of each party at the time the division of property is to become effective (§3502(a)(10))
11. Federal, state, and local tax ramifications associated with each asset to be divided, distributed, or assigned (§3502(a)(10.1))
12. Expense of sale, transfer, or liquidation associated with a particular asset (§3502(a)(10.2))
13. Whether the party will be serving as the custodian of any dependent minor children (§3502(a)(11))

Common Questions