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FamilyAttorneyPA, Family Law Attorney
Category: Family Law
Satisfied Customers: 45
Experience:  I am licensed by the Supreme Court of Pennsylvania to practice law in PA.
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We have been married 20 years and I as the male spouse, have

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We have been married 20 years and I as the male spouse, have substantially much more education, 3 years college, military basic and advanced engineering; the list goes on. I;m a retired MAJOR and Federal employee with annual salary exceeding 6 figures. I have a substantial sum in personal investments, Federal TSP, IRAs & real-estate. Also provided all money to fund wife's IRA over the years. My wife is the home maker and worked @ McDonalds almost our entire marriage. My question is, how equal will the split be based on the brief description I have stated here.

PS: I Also receive an Operation Iraqi Freedom VA disability and currently receive Social Security Disability due to numerous medical issues discovered during a physical exam in preparation for Afghanistan.
Pennsylvania divides marital assets and liabilities by the process known as equitable distribution. Equitable distribution means the property will be divided "fairly" but not necessary equally.

According to 23 Ps. C.S. § 3502, when the Court is required to make a decision regarding the equitable distribution of the marital estate, they will look at many factors including, but not limited to the follow:

  1. The age of the parties;
  2. The health of the parties
  3. The length of the marriage;
  4. The amount and source of income;
  5. The education of both parties;
  6. The employment opportunities for each party;
  7. The contribution or dissipation of each party in the acquisition, preservation, depreciation or appreciation of the marital property, including the contribution of a party as homemaker;
  8. The standard of living of the parties established during the marriage.

As you have been married for 20 years, I am assuming that you and your wife are at least in your early 40's, which means that given your wife's lack of education, a Court may not expect her to return to college or another post-high school education in order to ensure more lucrative job opportunities. Given your situation where you are more educated, have a higher income and likely much more lucrative employment opportunities, it is likely that your soon to be ex-wife will get a much larger portion of the marital assets; and, you will be left with more of the marital liabilities, if there are any.

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