Craig Zotter & Associates

Equitable Distribution


In Pennsylvania, the term "equitable distribution" is the legal term for the process of dividing the marital assets and marital debts. If spouses are unable to agree about the division of their marital assets and marital debts, the spouses may elect to engage in the formal court process for equitable distribution.

Because Pennsylvania is an equitable distribution state and not a community property state, our courts divide marital assets and debts based upon principles of equity, or in other words as it thinks is fair. This division of assets and debts does not necessarily mean that they will be divided on an equal basis.

Under Pennsylvania equitable distribution laws, courts consider a variety of factors and need not weigh the factors equally. This permits more flexibility and more attention to the financial situation of both spouses after the divorce. However, it also makes the resolution of property issues less predictable.

This is an abbreviated version of PA § 3502. Equitable division of marital property code. This is provided as only a brief view of some considerations. Equitable distribution/division is very complicated and you need to consult with an experienced attorney. When you work with an attorney from Craig Zotter & Associates scrutinize all possible factors to ensure we have fully and completely outlined the information required to obtain the best possible division for our clients.  Some of the factors that the court considers in equitable distribution include:

  • The length of the marriage

  • Whether either party had previously been married

  • Whether either party has significant non-marital assets including assets excluded by a prenuptial agreement

  • The age, health, vocational skills, employability, and income of the parties

  • Whether either party contributed to the increased earning potential of the other (education)

  • The standard of living of the parties during the marriage

  • The value of the property set apart to each party

  • 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

  • The tax consequences of any award

  • Whether either party will be serving as the custodian of any minor children

    Fault in causing the end of the marriage is not a consideration in the equitable distribution process.

    Equitable Distribution does not presume an equal division of marital property, and is a measure for a court to determine "economic justice"  The goal of economic justice will frequently dictate a distrubtion of other than 50/50.  There is no automatic 50/50 distribution of assets in Pennsylvlania.