What's Up With Equitable Distribution?

The simplest method for divorcing spouses to deal with the division of their shared property is to negotiate and sign a marital settlement agreement with the help of an attorney. 

If, however, the couple cannot agree on how to divide some or all of the marital estate, the issue can be settled in court through the process of equitable distribution.

Equitable distribution means a court-ordered division of marital property according to whatever the court deems is fair and just under the circumstances. Courts have broad discretion in deciding which spouse gets what property, and each side gets to present evidence and arguments as to why they are more entitled to receive what they want.

Equitable distribution only deals with the division of marital property. Thus, it is crucial to understand what the courts do and do not consider marital property. 

The general definition of marital property is anything acquired by either spouse during the marriage. Property procured individually by either spouse before marriage, known as pre-marital or non-marital property, typically does not count. 

But if a spouse’s pre-marital property increases in value during the marriage, both spouses own that increase in value equally. Aside from property acquired before the marriage, property received by one spouse as a gift, through a will or in an inheritance is also not considered marital property. 

However, gifts given between the spouses themselves are marital property.  Spouses can also enter into an agreement before or during the marriage that excludes specific property from the marital estate.

Courts divide the marital estate according to a number of factors, without regard for any alleged marital misconduct, such as adultery or abuse. The relevant factors include the length of the marriage, any prior marriages of the spouses, each spouse’s age, health and ability to earn a living on their own, whether one spouse contributed financially to the training or education of the other, each spouse’s sources of income, and each spouse’s contribution to the increase or decrease in value of the marital estate over time, including by homemaking. 

A court’s order for equitable distribution is final, and upset spouses had better get over their disappointment and comply with the court order. Courts have broad powers to enforce these orders, along with breached marital settlement agreements, including authorizing the seizure of relevant property, the attachment of wages, the award of costs and attorney’s fees, and finding the offending party in contempt of court.

This article is intended as a discussion of legal topics that are often confusing to many laypeople—it is not, and should not be relied on, as legal advice. Attorney Jesse White is licensed to practice solely in Pennsylvania and any information discussed relates solely to Pennsylvania law. The hiring of a lawyer is an important decision that should only be made after careful consideration. For more information contact The Law Office of Jesse White in at 724-743-4444 for or visit www.jessewhitelaw.com.