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Division of Property in a Divorce

Marital property, such as houses, cars, and cash, can be hotly contested during a divorce.

When a marriage ends, there are many issues to resolve. If the couple has children, they will have to make determinations related to custody, such as where the children will live and how much will be paid in child support. Those going through a divorce must also consider how their property will be distributed. Between vehicles, furniture, and countless other items, it can be difficult to determine how ownership should be assigned.

At Pittsburgh Divorce & Family Law, LLC, our Pittsburgh divorce lawyers understand how difficult these types of situations can be for everyone involved. As a skilled legal professional, attorney Anthony Piccirilli can coordinate conferences between you and your spouse, aid in negotiations, and represent you during complex divorce litigation. He knows how the divorce process works and will strive to make sure the property from your marriage is distributed in a fair and equitable manner.

Call (412) 471-5100 now to see how your finances can be protected.


The Basics

In the state of Pennsylvania, marital property is supposed to be distributed in an equitable manner. However, this does not mean that each spouse receives 50 percent of the property. Instead, an effort is made to allocate property in a way that satisfies the needs and wants of each spouse. If it can be proven that one spouse deserves certain items for suffering or hardships that were endured, the court may be inclined to give them more than half of the property from the marriage. In that regard, the law considers several factors when dividing marital property. These include, but are not limited to:

  • How long the marriage lasted
  • The extent to which each spouse is able to support themselves after the divorce
  • The earning power of each spouse
  • The number of income sources each spouse has access to, such as medical and retirement benefits
  • The value of the property being requested by each party

What is Considered Marital Property?

When it comes to the property that must be divided after a divorce, not everything is up for grabs. Gifts or inheritance received by each spouse are normally off-limits unless it can be proven that the other spouse is the rightful owner. Items that were purchased before the marriage are also disqualified. In general, the property to be divided, often referred to as marital property, includes all items that were acquired by a couple during their marriage, regardless of who is listed as the legal owner.

Marital property also includes gifts that were given from one spouse to the other, unless they were not purchased with marital funds. Items that are commonly divided between both spouses during a divorce include, but are not limited to:

  • Vehicles, furniture, and any other material possessions
  • Money that is being held in bank accounts, even if they are not joint
  • Any and all benefits or additional sources of income, such as retirement plans and health insurance
  • Businesses or professions (considered forms of property because they represent or generate income)

Let Pittsburgh Matrimonial Lawyer Anthony Piccirilli Protect Your Rights

In many divorce cases, one spouse may try to get more than they deserve. Perhaps they do not believe that they will be able to earn a living, or maybe they think of themselves as more deserving. Whatever the case, you should not be taken advantage of after your marriage ends. You have an equal claim to the items obtained during your marriage, but you have to make your voice heard. The Pittsburgh divorce lawyers at Pittsburgh Divorce & Family Law, LLC know these can be contentious discussions. Let us be your advocate and aid you in creating an agreement that is mutually beneficial.

Call (412) 471-5100 today to see how your interests can be protected.