Equitable Distribution is the process of dividing the assets  of a husband and wife upon their divorce.  The Pennsylvania legislature has said that the goal of Equitable Distribution is to "effectuate economic justice between parties who are divorced."  Alimony following divorce is a secondary remedy and is available only where economic justice between the parties cannot be achieved by way of an Equitable Distribution award. 

It should be known that Equitable Distribution does not presume an equal division of marital property, and the goal of economic justice will frequently dictate otherwise.  This means that there is not an automatic 50/50 split of assets.  In Pennsylvania, the courts look at several factors in determining equitable distribution, among them:

  1.  the length of the marriage;

  2.  any prior marriage of either party;

  3.  the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties;

  4.  the contribution by one of the parties to the education, training or increased earning power of the other party;

  5.  the opportunity of each party for future acquisitions of capital assets and income;

  6.  the sources of income of both parties, including, but not limited to, medical, retirement, insurance or other benefits;

  7.  the value of the property set apart to each party;

  8.  the standard of living of the parties established during the marriage;

  9.  whether the party will be serving as the custodian of any dependent minor children. 

The end result is an attempt to place the parties on equal footing after a divorce, though often not through the means of an equal distribution of assets. 

To schedule an appointment for an Equitable Distribution or other Family Law matter, please contact our office at 412-823-8003 or send an email to Karen Myers