Phone: 215-649-7395

How is property division decided in a divorce?

It is an unfortunate statistic that a first marriage lasts 12 years on average, and 50% of those end up in divorce. This means while couples are planning on how to spend the rest of their lives together, they should also have a plan in place for how to spend the rest of their lives separately.

During a marriage, a couple accumulates a lot of assets and liabilities together. A house, bank accounts, property, investment accounts, college accounts and vehicles are just some of the assets people end up collecting together. And when it comes to property division at the end of the marriage, all these assets are divided between couples equitably. It is important to keep in mind this is not the same as equally. Assets will not necessarily be divided in half.

While marital property is money and assets earned after the couple got married, separate property is that which is owned by one spouse only, either from before the marriage or afterwards if it was acquired by bequest, gift or devise. Property bought through money owned from before the marriage could also be considered separate property. However, this can become tricky at times as money may be placed in a joint account or time and energy spent on a project after the couple gets married can make the property joint.

If a couple cannot agree on how to divide their property through a post-nuptial agreement, premarital agreement or agreement during divorce negotiations, then the court will make the decision for them. The court will consider a number of factors, including incomes and liabilities of each spouse, duration of the marriage and age of health of each spouse.

No Comments

Leave a comment
Comment Information
Email Us For A Response

Set Up A Free Consultation Today

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Jenkintown Office
410 Old York Road
Jenkintown, PA 19046

Phone: 215-649-7395
Fax: 215-572-0625
Jenkintown Law Office Map

Philadelphia Office
1500 Walnut Street
Suite 1340
Philadelphia, PA 19102

Map & Directions

Graff & Associates, LLC