Pennsylvania Property Distribution Laws

Pennsylvania Property Distribution Issues & Resources

Pennsylvania Property Distribution

In a Pennsylvania divorce, each party will retain his or her separate property. Separate property is any property that was
  • (1) acquired prior to the marriage; 

  • (2) acquired in exchange for any separate property;

  • (3) any gifts and inheritances; and

  • (4) any property designated as separate in a valid agreement between the spouses. 

All other marital property will be divided by a Pennsylvania divorce court equitably based on the following factors:

  • the contribution or dissipation of each spouse to the acquisition, preservation, depreciation, or appreciation of the marital property, including the contribution of each spouse as homemaker;

  • the age and health of the spouses; 

  • the sources of income of the spouses; 

  • the value of each spouse's property; 

  • the economic circumstances of each spouse at the time the division of property is to become effective; 

  • the length of the marriage; 

  • the tax consequences to each spouse;

  • the occupation of the spouses;

  • the amount and sources of income of the spouses, including retirement and any other benefits;

  • the vocational skills of the spouses; 

  • the employability of the spouses;

  • the liabilities and needs of each spouse and the opportunity of each for further acquisition of capital assets and income;

  • the standard of living established during the marriage; 

  • any contributions toward the education, training, or increased earning power of the other spouse; 

  • any prior marital obligations; and 

  • whether the person will have custody of any dependent minor children.

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