Divorce and Marital Property: Defining What Is Yours, Mine and Ours

Equitable distribution sounds like a relatively simple term, but the reality can be far more complicated. What you bring into a marriage may not be what you leave with, and the division of those assets you share, called marital property, is not always a clean 50/50 split.

Understanding what constitutes marital property versus separate property is the first step in determining how your assets might be divided, and how it will impact your financial future.

 What is marital property?

In Pennsylvania, marital property is anything you acquired during your marriage — regardless of whose name is on the title. This includes big ticket items like real estate and vehicles, along with retirement accounts and other investments. It also includes things like art, jewelry, furniture and other valuable items — and any debt accrued along the way.

It is crucial to remember that marital property does not stop accumulating once you are separated, and each spouse has a responsibility to protect the shared assets. Spending or gifting property without the other’s consent or knowledge can have profound consequences in court.

What is separate property?

The concept of marital property does have some exceptions. For instance, any property acquired prior to marriage, gifts given solely to one spouse or an inheritance are generally considered nonmarital, or separate property. As long as the property stays in the name of the individual, it remains separate; however, this is where the distinction between marital and separate property can get complicated. If at any point separate property is retitled in joint names — depositing inherited money into a joint bank account, for example —  it is then presumed to be a gift to the marriage, which converts it to marital property.

While the court will not divide separate property, it will consider any increase in its value during the marriage, such as in increase in market value or the reduction of debt, as part of the division of marital property. On the flip side, if an asset considered separate property has decreased in value, it cannot be used to offset the value of marital property.

Determining what is — and is not — marital property, its value and how it is best distributed between both sides is the basis of equitable distribution in Pennsylvania. Our team at Pollock Begg has decades of experience in the division of marital property and equitable distribution. Reach out to our Pittsburgh family law attorneys today to discuss your unique situation.

About the Author

Pollock Begg Partner Elisabeth W. Molnar enjoys the challenge of complex custody cases. She complements her background and skill in civil litigation with certification in collaborative law, providing clients with representation options to meet their unique needs and circumstances.