Three Common Misconceptions about Equitable Distribution in a Pennsylvania Divorce

by: Kristin A. Molavoque, Esquire

In Pennsylvania, the term "equitable distribution" refers to the process of dividing marital assets and debts. A court will determine how to divide these assets and debts, when divorcing spouses disagree and cannot reach a resolution themselves. Three common misconceptions people have about equitable distribution are: 

1. “Equitable distribution means a ‘50-50 split’ of the marital assets and debts.”  No.  Equitable distribution means dividing the property fairly, based on certain factors provided by law. This approach may, but often does not, yield a “50-50 split.” 
2. “I worked during the marriage and my spouse did not. Thanks to my sole efforts, we have marital assets and therefore I should receive more of the marital assets than my spouse.”  No.  Equitable distribution strives for fairness by evening the playing field between the lesser and higher earning spouses to achieve a fairer result. The non-working spouse’s efforts in supporting the working spouse and being a homemaker are valued and rewarded in equitable distribution, many times with a split in his/her favor.
3. “My spouse had an affair so I should receive a higher percentage of the marital   assets.” No. This is not one of the factors a court will consider when deciding how to divide the marital property. It does, however, impact whether a spouse is entitled to spousal support while the parties are still married but separated.

By law, the court is required to examine several factors in order to equitably divide the parties’ marital property. These factors include, but are not limited to, the age and health of the parties, the standard of living established during the marriage, the length of the marriage, the education of the parties, and the incomes of the parties. To find out more about the factors a court will use when dividing your marital assets and debts, contact Kristin A. Molavoque, Esquire of Molavoque Law LLC.

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