A trend has formed in the past few years where women have become the main breadwinners in the family. With the success of women in the business world comes the same responsibilities and obligations as Men have faced years before, including during a divorce.A trend has formed in the past few years where women have become the main breadwinners in the family. With the success of women in the business world comes the same responsibilities and obligations as Men have faced years before, including during a divorce.
When deciding the equitable distribution of marital property in Pennsylvania the court may consider the following factors:
(1) The length of the marriage.
(2) Any prior marriage of either party.
(3) The age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities, and needs of each of the parties.
(4) The contribution by one party to the education, training, or increased earning power of the other party.
(5) The opportunity of each party for future acquisitions of capital assets and income.
(6) The sources of income of both parties, including, but not limited to, medical, retirement, insurance, or other benefits.
(7) The contribution or dissipation of each party in the acquisition, preservation, depreciation, or appreciation of the marital property, including the contribution of a party as a homemaker.
(8) The value of the property set apart by each party.
(9) The standard of living of the parties established during the marriage.
(10) The economic circumstances of each party at the time the division of property are to become effective.
(10.1) The Federal, State, and local tax ramifications associated with each asset to be divided, distributed, or assigned, which ramifications need not be immediate and certain.
(10.2) The expense of sale, transfer, or liquidation associated with a particular asset, which expense need not be immediate and certain.
(11) Whether the party will be serving as the custodian of any dependent minor children.
When a court determines equitable distribution, it does not look to see if a man or woman is the main income source in the family. Instead, the court looks at many factors including, but not limited to, the income of both husband and wife, the assets of each spouse, and their respective earning capacity. If the wife has higher earnings and more retirement and the husband has lesser income or is a “stay at home” husband or father, then-wife may be subject to paying the husband spousal support and alimony, a percentage of her retirement, or other investments. Further, depending upon the disparity in income, the percentage assigned to the equitable distribution may not be a 50/50 split but could be a split of 55/45, 60/40, etc.
Understanding how to protect your assets during a divorce can be difficult and time-consuming. At the Law Office of Robin J Gray, we are here to assist you with not only protecting your assets during the equitable distribution of the marital property process but also by helping you to find any assets that your spouse may be hiding. Call us to schedule a consultation at (484) 769-5855 or by email at This email address is being protected from spambots. You need JavaScript enabled to view it..
