Harleysville Equitable Distribution Lawyers

Harleysville Family Law Attorneys Provide Dedicated and Experienced Representation to Clients in Equitable Distribution Matters

Most married couples amass assets and liabilities during their marriage, such as the marital home, vehicles, investment and retirement accounts, and sentimental items like artwork or jewelry. Unfortunately, when couples divorce, dividing those assets and liabilities can easily become a complicated and contentious process. Every divorce requires an equitable distribution of the marital estate, which can be accomplished either through a settlement agreement between the spouses or through a division determined by the court. 

Pennsylvania is an equitable distribution state, as opposed to a community property state. Through equitable distribution, the assets and liabilities of a married couple are divided in a fair manner — this does not mean that the division will be exactly equal. Depending on the complexity and type of assets, equitable distribution may require spouses to obtain expert valuations or to change the legal title to assets.

The Harleysville equitable distribution attorneys of Rubin, Glickman, Steinberg & Gifford can help you through the process of equitable distribution to achieve a division that meets your goals and protects your interests. We take the time to discuss your goals so that we know what assets you wish to retain for strategic financial reasons or for sentimental value. We know that it can be difficult to reach an equitable distribution agreement since both of you have your own separate goals for distribution and may not be ready to let-go of hard-earned assets.

Dividing Assets and Liabilities in Equitable Distribution Matters

Best case scenario, a divorcing couple is able to agree on how to divide their marital assets and liabilities.  Therefore, they simply need to reduce their agreement to writing that will be adopted by the court. Equitable distribution usually affects assets such as: 

• The marital home and other real estate
• Securities investments
• Vehicles
• Retirement accounts, pensions, and other deferred compensation arrangements
• Insurance policies and annuities
• Jewelry
• Artwork
• Household goods
• Business ownership interests owned by either spouse or co-owned by both spouses.

In addition to assets, equitable distribution also divides marital liabilities, which can include:

• Mortgages on the marital home or other co-owned real estate
• Car and vehicle loans
• Tax liabilities
• Credit card debt and other revolving debt, including that belonging to only one spouse if the debt was incurred to support the marriage and family

In all equitable distribution cases, separate property that is brought into the marriage by one spouse may be exempt from equitable distribution.  Courts do not look at how an asset or liability is titled in determining whether it is marital or separate. Instead, courts examine when the asset was acquired or when the liability accrued, where they came from, and the purposes for which they were acquired or accrued. 

Knowledgeable Equitable Distribution Attorneys in Harleysville Help Clients Through Asset Division in Divorce Cases

Equitable distribution can easily spark conflict between divorcing spouses, even when the spouses have agreed to end their marriage and want to move on with their lives. This is why it is critical for you to have an experienced, dedicated attorney who can help you manage the division of your marital estate. Our legal team is experienced in helping in all kinds of equitable distribution proceedings, including those where:

• The parties simply need to reduce their agreement to writing or need help retitling assets
• One spouse has attempted to wrongfully transfer or conceal assets
• A spouse’s separate property was used to purchase marital property or was commingled with marital property (for example, using an inheritance or family gift to purchase the marital residence)
• The complexity of marital property requires an expert valuation, such as with businesses or significant real estate

Importantly, a court is not interested in fault or marital misconduct when determining equitable distribution, unless that misconduct somehow affected marital assets or liabilities. For example, a spouse may conceal wrongful acts that diminished the value of a marital asset, like a business interest.

Contact Our Harleysville Equitable Distribution Attorney For Legal Help

The knowledgeable equitable distribution attorneys of Rubin, Glickman, Steinberg & Gifford P.C. strive to help each of our clients quickly and favorably resolve the division of assets in their divorce proceeding. If you are in the midst of trying to divide your assets and liabilities with your spouse in your divorce proceeding, contact us today to schedule a consultation to learn more about your legal rights and options and how our legal team can help you secure an equitable distribution that is most favorable to you.

Frequently Asked Questions about Equitable Distribution