A primer of equitable property division in divorce

On Behalf of | Oct 18, 2018 | Family Law

It doesn’t take someone experienced in the field of divorce to recognize that it is, in addition to an emotional process, a financial transaction. Marriage dissolution in Pittsburgh, in part, consists of dividing assets and debts in a way that is fair under the circumstances. This is commonly referred to equitable division of property. While this split is supposed to be fair, it does not have to be equal. Therefore, those thinking about divorce may need someone experienced in this field to help them better understand how to argue for property division that is fair to them.

Many divorce legal issues can be settled through negotiation, but sometimes these matters have to go to court and be resolved by a judge. In these latter instances, a court will look at a number of factors when trying to figure out how to divide marital property. To start, a court will consider the length of the marriage. Then it might consider the employability of each spouse, their incomes, each individual’s health, and even their vocational skills.

But the analysis doesn’t stop there. Instead, a court will also consider the contributions each spouse gave to the other with regard to education and employment, as well as each party’s sources of income. Other factors include the couple’s standard of living during the marriage and which party, if any, will serve as the custodial parent for any children.

As one can see, there is room for a lot of argument when it comes to the division of marital assets. A competent divorce attorney may be able to help you address each of these factors so that a judge better understands and, hopefully, supports your position. A skilled attorney may also be able to help you identify property that is considered separate from marital property, which would prevent it from being subjected to property division in the divorce process.


Request a Consultation

Top Attorneys 2018
Super Lawyers
Top Attorneys 2019