Equitable Distribution
Protecting Your Financial Interests in Divorce
Bucks County equitable distribution attorney Leonid Mikityanskiy provides expert legal guidance in divorce cases and division of assets in Bucks County and Philadelphia. Equitable distribution is an important financial aspect of divorce that can be challenging to resolve, particularly when disputes arise over what constitutes marital versus separate property.
Understanding Equitable Distribution
Equitable distribution is division of marital assets during a divorce or legal separation. Pennsylvania follows the equitable distribution principle, meaning the division is based on fairness rather than an equal 50/50 split. This can result in one spouse receiving more than half of the marital assets, depending on various factors.
Considerations in Equitable Distribution:
- Marital vs. Separate Property – Determining which assets are marital and subject to division, and which remain separate. Separate property that appreciates or is commingled with marital assets may be subject to division unless specified otherwise in a prenuptial or postnuptial agreement.
- Factors Influencing Distribution – The court considers several factors when determining equitable distribution (there is overlap with the alimony factors), including:
- Existence of prenuptial or postnuptial agreements.
- Length and duration of the marriage.
- Health, age, and income sources of each party.
- Contributions to the other’s education or earning power.
- Standard of living during the marriage.
- Custodial arrangements for minor children.
- Valuation and involvement in businesses.
- Debts and their satisfaction.
- Instances of wasteful dissipation of marital assets.
- Tax implications of asset distribution.
For a complete list of factors, you can refer to Chapter 35 of Title 23 of Pennsylvania Consolidated Statutes (§3502, Equitable division of marital property).
How Equitable Distribution is Determined
If spouses cannot agree on property division, the court will decide based on the facts and circumstances presented. The court has the authority to allocate assets, order sales, and distribute proceeds. Working with a skilled attorney can help protect your rights and ensure a fair outcome.
Why Choose Us?
- Expert Legal Representation – Leonid Mikityanskiy offers personalized guidance to navigate complex property division disputes, ensuring your assets and financial security are protected.
- Case Evaluation – We thoroughly assess all relevant factors to advocate for a fair distribution aligned with your interests. We can help you navigate this issue and protect your rights with regard to the assets, whether they are marital or separate.
- Client-Centered Approach – Our firm is committed to understanding your unique situation and crafting strategies that safeguard your future.
Contact Us
For expert guidance on equitable distribution in Bucks County and Philadelphia, PA, contact our Southampton, PA office at 215-357-1400. Let us assist you in securing a fair division of assets and preserving what you have worked hard for.