How will the marital property be distributed?
When asking the Court to grant a divorce, either spouse may also ask the Court to divide the marital property. Pennsylvania is an "equitable distribution" state, which means Pennsylvania Courts will divide property equitably between spouses in a divorce. Equitable distribution does not always result in an equal split. The Court will arrive at an equitable division of property by considering several factors, including the length of the marriage, each spouse's age, health, income, work skills, the ability to be employed, either spouse's contribution to the other's education, training, or increased earning power, the future opportunity for either spouse to obtain assets and income, and both spouse's income sources, including medical, retirement, insurance, or either sources. Courts in Pennsylvania do not consider marital misconduct when fashioning an equitable distribution award.
After looking at the equitable distribution factors and applying them to the facts of each case, the Court may divide all of the marital property equally, the Court may award a greater percentage to one spouse, or the Court may look at each individual asset and divide each one equally or award some asset(s) by another percentage.
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