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Pennsylvania is an "equitable property" state. Unlike community property
states, where most property is equally divided, under Pennsylvania law the courts review the entirety of the circumstances when separating property in divorce. Pennsylvania law views the marital relationship as a partnership. Even if one of the partners never earned one dollar, that partner is considered to have contributed to the family's property (or wealth) and has rights to a percentage of that property.
Marital property includes all property acquired during the marriage, regardless whose name it is under. Pensions and business interests that were developed by one spouse are considered marital property if they were acquired during the marriage. Property that was acquired prior to marriage is generally separate property unless marital funds enhanced its value. In which case there is are arguments that it all becomes marital property through commingling, and arguments that only the increase in value during the marriage is marital property.
23 Pa. C.S.A. § 3501(a) provides:
(a) General rule.-As used in this chapter, "marital property" means all property acquired by either party during the marriage, including the increase in value, prior to the date of final separation
, of any non marital property acquired pursuant to paragraphs (1) and (3), except:
(1) Property acquired prior to marriage or property acquired in exchange for property acquired prior to the marriage.
(3) Property acquired by gift, except between spouses, bequest, devise or descent.
23 Pa. C.S.A. § 3502(a) provides:
(a) General rule.-In an action for divorce or annulment, the court shall, upon request of either party, equitably divide, distribute or assign, in kind or otherwise, the marital property between the parties without regard to marital misconduct in such proportions and in such manner as the court deems just after considering all relevant factors, including:
The length of the marriage.
Any prior marriage of either party.
The age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties.
The contribution by one party to the education, training or increased earning power of the other party.
The opportunity of each party for future acquisitions of capital assets and income.
The sources of income of both parties, including, but not limited to, medical, retirement, insurance or other benefits.
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.
The value of the property set apart to each party.
The standard of living of the parties established during the marriage.
The economic circumstances of each party, including Federal, State and local tax ramifications, at the time the division of property is to become effective.
Whether the party will be serving as the custodian of any dependent minor children.
That you are in Kentucky may complicate matters, but you can claim PA residency and file for divorce in PA.
The military aspect may work for you if you are awarded spousal support
because the military garnishes the military spouses wages when they receive the support order
Most attorneys will meet with you at little or no charge to assess your case. It is wise to at least meet with one before going it alone.
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