Not necessarily. That could happen, but we have what is called an equitable distribution, not equal distribution statute. The statute is equitable, which means equitably – what is fair, what seems fair to the court, what seems appropriate under the facts and the circumstances. The Divorce Code in Pennsylvania has 11 factors that the court’s going to consider in deciding whether it’s a 50/50 or 60/40 or 70/30. Those 11 factors are the following.
David L. Ladov is a partner and co-chair of the Family Law Group at Obermayer Rebmann Maxwell & Hippel LLP. He focuses his practice on divorce, including custody, child support, equitable distribution, abuse and domestic relations. David can be reached at (267) 675-4976 or [email protected].
Robert Whitelaw is a managing partner and co-chairman of Obermayer Rebmann Maxwell & Hippel LLP’s Litigation Department and Family Law Group. He has 40 years of experience in practicing family law. Robert can be reached at [email protected] or (215) 665-300.