Protecting Your Financial Interests During Property Division Negotiations
During a divorce, property division negotiations are among the most contentious issues that estranged spouses face. It is natural to feel combative and anxious about this matter because its outcome will shape your financial well-being for the years to come. When the stakes are this high, it is wise to invest in a divorce attorney’s services.
At Kelly, Parker & Cohen, LLP, our attorneys share over one century of legal experience that they put to work for you. Whether you need assistance negotiating for fair property division terms or defending your interests in court, we are the skilled legal allies whom you want by your side.
How Is Property Divided In Pennsylvania?
In the Keystone State, couples are required to divide shared property, assets and debt in an equitable manner. “Shared property” is also known as “marital property.” Property that is acquired during the marriage is divided. Property brought into the marriage can be subject to equitable distribution, depending on its nature. Regardless, the increased value of the property is always subject to equitable distribution. If the home is refinanced, the entirety is subject to equitable distribution. There are other reasons it may subject to equitable distribution. Additionally, certain debts are not subject to equitable distribution.
The court considers an equitable division a “fair” division, not an equal division. If divorcing spouses cannot reach an equitable agreement on their own, it is up to a family court judge to make this determination.
Factors That May Influence A Judge’s Decision
While a judge will not use a formula to determine what a fair distribution looks like, a range of factors can influence this decision. These factors include:
- Years in the marriage
- Each spouse’s current and future income
- Each spouse’s earning capability
- Estimated pension and retirement benefits
- The terms of a pre- or postnuptial agreement
Problems may arise if both spouses want to keep the house or are unwilling to take on shared debt. In these situations and others, it is critical to work with an attorney who can identify a favorable solution.
Our family law attorneys are well-versed in the state laws that will shape your financial future. They know how to create negotiation strategies to protect your best interests. They are also assertive litigators, able to craft a compelling argument for you in court.
Fighting for your fair share can seem like a daunting task when you consider all the factors that can affect your case’s outcome. With our lawyers’ assistance, you can be certain that your rights will be aggressively asserted in and out of court. You deserve a strong and proven ally during this challenging time.
Turn To Our Attorneys For Experienced And Assertive Advocacy
Whether your divorce matter is straightforward or complex, we are ready and prepared to help you find a path forward. Arrange your free consultation with a skilled lawyer who cares when you call 717-971-1974 or send us an email.
Our firm is located in Harrisburg, but we serve individuals and families throughout Central Pennsylvania. Get in touch with us today!