Protecting Your Property Rights During Divorce
The division of marital assets is usually a contentious part of a divorce. However, when you work with an experienced divorce lawyer, you will have a knowledgeable advocate on your side. We learn what is important to our clients, so we can advise them on when to settle or litigate.
Gentile, Horoho & Avalli, P.C., is one of the most experienced divorce firms in the Western Pennsylvania area. Whether you need a simple division of marital assets or valuation and separation of complex financial holdings, our Pittsburgh attorneys can assist you.
Separating Marital and Nonmarital Assets
If a couple cannot reach a settlement during a divorce, the court will decide how to divide the marital property. Pennsylvania is an equitable distribution state. Equitable distribution does not necessarily mean the marital assets will be divided equally between the parties. Instead, the court strives for a distribution that is considered fair and equitable. Property division is based on several factors, including:
- Length of the marriage
- Age, health and income of each party
- Child custody arrangements
- Standard of living during the marriage
- Significant non-marital assets
- Economic disparity/incomes of the parties
The court does not consider marital fault during property division.
Nonmarital or separate property includes property a person brings into the marriage and inheritances or gifts received outside of the marriage. Marital assets are property and finances which are acquired during the marriage such as:
- Personal property (such as vehicles, art and furniture)
- Real estate (primary residence and other property)
- Bank accounts
- Insurance
- Retirement accounts
- Stock options and portfolios
- Interests in a business or partnership
Marital debts, including mortgages, loans, credit cards and taxes, must also be divided. We can review your finances to determine which debts are joint and which are separate.
To discuss the division of your marital assets with one of our attorneys, please call us at or contact us online.
