How Does It Get Decided Who Gets What in a Divorce?

Hands making separate piles of coins by a wooden house and piggy bank by the Law Offices of Robert E. O’Connor

Filing for divorce brings up lots of questions. Deciding who gets what in a divorce is often one of the most contentious issues. It can be difficult to navigate, especially if you have lots of strong feelings about how your assets should be divided. Thankfully, you don’t have to deal with the process alone. The team at the Law Offices of Robert E. O’Connor, P.C. can help you approach the issue fairly and without unnecessary stress.

The Basics of Divorce Asset Division

Essentially, state laws govern who gets what in a divorce. Pennsylvania is an equitable distribution state (as opposed to a community property state). This model strives for fairness rather than a 50/50 split, and oftentimes, one spouse ends up with a larger share of assets.

Factors That Determine Who Gets What

Under Pennsylvania family law, asset division isn’t as simple as splitting everything down the middle. Courts will evaluate several aspects of your marriage and financial situation to make decisions. Here’s what determines who gets what in a divorce settlement:

Duration of Marriage

How long were you and your partner married? For shorter marriages, courts may attempt to restore both individuals to their pre-marital financial states. They often prefer to minimize any drastic disparities.

Earning Capacity and Financial Needs

If one spouse earns significantly more than the other or sacrificed career opportunities to care for children, courts may weigh this heavily. They might award more assets (or spousal support) to the lower-earning partner to ensure a fair transition to post-divorce life.

Contributions to the Marriage

A spouse’s contributions to the household can influence property division. These contributions might be financial or non-financial (like raising children). For instance, if one partner was a stay-at-home parent or provided unpaid work that benefited the family business, this labor is often factored into decisions.

Custody Arrangements

What determines who gets the house in a divorce? If there are children involved, custody often plays a role. The parent who will be the primary caregiver for the children may be more likely to get the home to ensure stability.

Behavior During the Marriage

While no-fault divorce laws exist in Pennsylvania, bad behaviors—such as infidelity, financial misconduct, or abuse—can sometimes affect how assets are distributed. For example, if one spouse drained joint accounts or excessively spent marital funds, the court may compensate the other spouse during the division.

Helping You Navigate Divorce and Family Law

Divorce asset division may feel overwhelming, but knowledge is power. By understanding the key factors at play and taking proactive steps, you’ll be better equipped to advocate for yourself. At the Law Offices of Robert E. O’Connor, P.C., we’re here to help you navigate the tricky process. We’ll explain who gets what in the case of divorce and what you can do to make the transition as smooth as possible. Contact our lawyers in Media, PA today to schedule a consultation.