2010 Pennsylvania Code
Chapter 35 - Property Rights
3502 - Equitable division of marital property.

     § 3502.  Equitable division of marital property.
        (a)  General rule.-- Upon the request of either party in an
     action for divorce or annulment, the court shall equitably
     divide, distribute or assign, in kind or otherwise, the marital
     property between the parties without regard to marital
     misconduct in such percentages and in such manner as the court
     deems just after considering all relevant factors. The court may
     consider each marital asset or group of assets independently and
     apply a different percentage to each marital asset or group of
     assets. Factors which are relevant to the equitable division of
     marital property include the following:
            (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 party 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
            (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 value of the property set apart to each party.
            (9)  The standard of living of the parties established
        during the marriage.
            (10)  The economic circumstances of each party at the
        time the division of property is to become effective.
            (10.1)  The Federal, State and local tax ramifications
        associated with each asset to be divided, distributed or
        assigned, which ramifications need not be immediate and
            (10.2)  The expense of sale, transfer or liquidation
        associated with a particular asset, which expense need not be
        immediate and certain.
            (11)  Whether the party will be serving as the custodian
        of any dependent minor children.
        (b)  Lien.--The court may impose a lien or charge upon
     property of a party as security for the payment of alimony or
     any other award for the other party.
        (c)  Family home.--The court may award, during the pendency
     of the action or otherwise, to one or both of the parties the
     right to reside in the marital residence.
        (d)  Life insurance.--The court may direct the continued
     maintenance and beneficiary designations of existing policies
     insuring the life or health of either party which were
     originally purchased during the marriage and owned by or within
     the effective control of either party. Where it is necessary to
     protect the interests of a party, the court may also direct the
     purchase of, and beneficiary designations on, a policy insuring
     the life or health of either party.
        (e)  Powers of the court.--If, at any time, a party has
     failed to comply with an order of equitable distribution, as
     provided for in this chapter or with the terms of an agreement
     as entered into between the parties, after hearing, the court
     may, in addition to any other remedy available under this part,
     in order to effect compliance with its order:
            (1)  enter judgment;
            (2)  authorize the taking and seizure of the goods and
        chattels and collection of the rents and profits of the real
        and personal, tangible and intangible property of the party;
            (3)  award interest on unpaid installments;
            (4)  order and direct the transfer or sale of any
        property required in order to comply with the court's order;
            (5)  require security to insure future payments in
        compliance with the court's order;
            (6)  issue attachment proceedings, directed to the
        sheriff or other proper officer of the county, directing that
        the person named as having failed to comply with the court
        order be brought before the court, at such time as the court
        may direct. If the court finds, after hearing, that the
        person willfully failed to comply with the court order, it
        may deem the person in civil contempt of court and, in its
        discretion, make an appropriate order, including, but not
        limited to, commitment of the person to the county jail for a
        period not to exceed six months;
            (7)  award counsel fees and costs;
            (8)  attach wages; or
            (9)  find the party in contempt.
        (f)  Partial distribution.--The court, upon the request of
     either party, may at any stage of the proceedings enter an order
     providing for an interim partial distribution or assignment of
     marital property.
     (Nov. 29, 2004, P.L.1357, No.175, eff. 60 days)

        2004 Amendment.  Act 175 amended subsec. (a) and added
     subsec. (f). See section 5(8) and (9) of Act 175 in the appendix
     to this title for special provisions relating to applicability.

Disclaimer: These codes may not be the most recent version. Pennsylvania may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.