If divorcing couples cannot agree on how to divide their property, either party has the option to request an “equitable distribution hearing.” A count for equitable distribution can be included in the initial divorce complaint. At an equitable distribution hearing, husband and wife will present the court with an inventory of all marital assets and debts. Sometimes expert witnesses will be needed to testify at the hearing regarding the value of marital assets. The court will consider all relevant factors in equitably dividing property including:
- The length of the marriage
- Any prior marriages
- The age, health and employability of the spouses
- The contribution that husband or wife made toward the education, training or increased earning capacity of the other
- The ability of husband and wife to earn income in the future Tax consequences
Interestingly, under Pennsylvania law, “marital misconduct” in not a factor which is to be considered in determining a fair distribution of property.
Courts are given broad equitable distribution powers to meet the specific needs of the parties. For example, rather than forcing the immediate sale of the marital home, a court order may permit one spouse to remain in the marital home until the children are grown, at which time the proceeds from the sale of the home will be divided between the parties.
No one can predict exactly how a court will divide marital property. Once an equitable distribution order is entered, however, it must be followed strictly. If a party disobeys an equitable distribution order, he or she could be held in contempt of court and possibly fined or imprisoned for up to six months.
If you have any questions about equitable distribution or family law, please contact our office.
— Amanda Davidson