Equitable Distribution

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[GRAPHIC: Iwanyshyn & Associates A Unique Approach to Family Law 412-453-4442 877-345-0210 www.Iwanyshyn.com]

DEBRAH IWANYSHYN: Hello, I'm Attorney Debrah Iwanyshyn. I've been practicing divorce law since 1985.
Pennsylvania is an equitable distribution state. What that means is the court can't start out saying you're going to split the estate 50/50. They have to look at certain factors: the length of the marriage, someone's contribution as a homemaker, or separate assets.

[GRAPHIC: Court of Common Pleas Family Division Juvenile Section]

DEBRAH IWANYSHYN: There are 11 different items that the court should look at. Now, the court can favor one or the other to justify a certain distribution. In equitable distribution, 401(k)s and pensions are considered part of the marital estate if they were earned during the marriage. A portion can be transferred to the non-working spouse tax free using what's called a qualified domestic relations order, thereby allowing the non-working spouse to have some retirement income that would grow tax free.

[GRAPHIC: Home for sale]

DEBRAH IWANYSHYN: Equitable distribution also involves who gets the marital home or whether it's sold, the value of vehicles, the values of personal property, the values of jewelry, anything that was acquired during a marriage and considering the debt that was accumulated during the marriage, and it doesn't matter in whose name the debt was. In addition, you've got the split of the assets and then you have alimony or support that occurs after the marriage.
If you've any questions regarding equitable distribution in western Pennsylvania, please feel free to call my law office for a free telephone consultation.

[GRAPHIC: Iwanyshyn & Associates A Unique Approach to Family Law 412-453-4442 877-345-0210 www.Iwanyshyn.com]