Property Distribution

The process of determining and then dividing marital property is a complicated issue in a divorce.  First, we must identify what is marital property subject to equitable distribution.  Then we must value that property and finally establish a method of distribution between the parties.  It can be very difficult to sift through what is marital property, what is seperate property and gather the necessary documentation to prepare your case.  The lawyers at Cohen & Cohen, P.C. can help you evaluate the marital assets and fight for a division that is right for you. 

Some cases can appear relatively simple, but result in some very complex issues that have to be worked out.  We have handled hundreds of cases and we understand the numerous issues you face such as:

• Who will get the marital residence?
• Can I retain the money I inherited during the marriage?
• Can I get a share of money my spouse may inherit in the future?
• If my spouse owned stock before our marriage and it appreciated greatly during our marriage, do I have a right to the increase?
• If my spouse owned their business before our marriage and it achieved great success during our marriage, am I entitled to the portion of their business?

We will help you answer the these questions and fight for your interests. Our extensive courtroom experience and connection with financial experts, real estate appraisers, and certified public accountants ensure that our clients have the best legal representation they need.  We will do everything within your legal rights to ensure your property and asset distribution interests are protected.   

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Property Distribution and Marital Property Q & A

Below are some common questions regarding property distribution and marital property:

 

How is marital property divided? 

The Court equitably divides marital property by analyzing 11 particular factors.  Those factors take into consideration almost every major element of your lives.  Some have more impact than others.

 

How do I know what property goes to my spouse and to me when we divorce? 

First, it is wise to identify marital property which is subject to equitable distribution.  Secondly, you must value the property either through appraisal or otherwise, then subtract debt that may be applicable to it, thereby arriving at a profit or equity in that particular asset.  Third, a method of distribution is established by analyzing the parties needs and desires and what is capable of being accomplished in the current economic and financial market at the time that the equitable distribution is to occur.

 

How are assets and debts divided in a Pennsylvania divorce? 

By equitably dividing marital property, the court attempts to determine what is fair between the parties based upon their respective financial situations in order to determine how assets and debts are divided in a Pennsylvania divorce.  The court will look at the 11 factors for equitable distribution to determine what is fair on a case by case basis.