Step 5: Figuring out the major issues
Division of Property in Pennsylvania Divorce
When it comes to the division of property after divorce, Pennsylvania is a state that follows the equitable distribution of property. And to determine the distribution of property, the court will consider many factors like the duration of marriage, both your ages, health, earning capacity of both spouses, etc.
It must also be determined as to which of the assets are marital property. Typically, marital property is all the property which is acquired by both spouses while they are married and prior to their divorce. Any property, inheritances and gifts that either of the spouses has acquired or received before marriage and after the divorce are not included as marital property.
Any property which has been excluded by entering an agreement such as a prenuptial agreement is also not considered as part of the marital property. Both spouses must submit a complete list of all their assets as part of the inventory and appraisement pleading. This helps both spouses to compile their msa or Marriage Settlement Agreement, which determines the final distribution of all marital property.
Child Custody in Pennsylvania
The child custody actions can be initiated as a completely separate proceeding from the divorce or support process in Pennsylvania, which is completely different from other states.
Before initiating any action for child custody, both spouses will be required to attend mediation and/or educational sessions. Child custody is an extremely sensitive area and the court will determine the suitable schedule on the basis of the best interest of the child/children.
Spousal Support and Maintenance in Pennsylvania
There are essentially 3 types of spousal support in Pennsylvania:
- Apl or Alimony Pendente Lite, which means alimony pending litigation
- Spousal support
- Alimony
Alimony Pendente Lite (Ap )
This is a temporary support order which is given to a spouse while the divorce proceedings are underway. apl basically gives both the spouses an equal opportunity to defend, litigate and maintain the divorce action. apl cannot be also granted along with spousal support.
Spousal Support
This is awarded to the dependent spouse to assure a reasonable living allowance. The spousal payment responsibility starts out of marriage and stops when the marriage finishes. Typically, spousal support is applicable before filing the divorce complaint, although it may continue while the divorce is pending in court. Spousal support will also stop as soon as the couple receives the decree of divorce.
The main difference between apl and spousal support is that the entitlement of the spouse to receive spousal support is subject to defenses, which are the same as the fault grounds for the divorce. The spouse will not be entitled to support if any of the fault ground can be proved.
Alimony
Alimony is usually given to the dependent spouse to ensure that the reasonable needs of the individual are met. It is the support that is granted to a dependent spouse when the divorce decree is final and can last for a specific period of time or indefinitely. The alimony claim must be raised before the entry of the divorce decree, otherwise, it will be waived. Remarriage or cohabitation and/or death of the spouse receiving alimony will result in the termination of the obligation to pay alimony by the other spouse.