The new year often brings reflection and resolution, but for many couples, it also marks the start of a difficult chapter. January consistently sees an uptick in divorce filings, as individuals move past the holiday season and begin taking steps toward major life changes. If your spouse has just announced plans to pursue a divorce — and you’re unsure what to do next — understanding the legal landscape can help you navigate what comes next with clarity and confidence.
Generally, there are multiple claims that can be made in the context of a divorce matter. These include equitable distribution (division of assets), alimony (support of a spouse after the divorce decree is entered) and counsel fees.
Understanding Equitable Distribution
When it comes to dividing assets, there are three key steps: identify, value, and divide.
Identification often involves the discovery process, which comes primarily in two forms: interrogatories and requests for documents. As a rule, any assets acquired during the marriage, from the date of marriage to the date of separation, are considered part of the marital estate. This includes the increase in value of any pre-marital, gifted or inherited property.
Once assets are identified, the next step is valuation. Courts typically use fair market value to determine what something is worth, which may require professional appraisals for real estate, businesses or other complex assets. Bank accounts, retirement funds and investment accounts are generally easier to value using recent statements. If accounts were liquidated, the court typically relies on the balance as of the separation date to determine what each party received.
Finally, the assets must be divided. Unlike community property states, Pennsylvania follows the principle of equitable — not equal — distribution. This means assets are divided fairly based on a set of factors, such as income disparity, caregiving responsibilities, the size and composition of the marital estate and potential tax implications. In many cases, the spouse with lower earnings may receive a larger portion of the marital assets.
Considering Alimony
Alimony is another important consideration. If the lower-earning spouse receives a greater share of the marital assets, alimony may be reduced or not awarded at all. Conversely, if assets are divided equally, alimony may be granted to balance financial stability post-divorce.
Alimony decisions hinge on two factors: amount (monthly payment) and duration (the length of time it’s paid). Although outcomes vary by jurisdiction and individual circumstances, a common guideline suggests that the supported spouse may receive alimony for roughly one-third the length of the marriage. For example, after a 27-year marriage, payments might last about seven years. Courts assess financial need carefully, taking into account income, expenses and the ability to meet ongoing obligations.
Counsel Fees
Counsel fees are rarely awarded in divorce proceedings. While there may be strategic reasons to request them, such awards are typically reserved for cases in which one party has acted in bad faith or unreasonably prolonged litigation.
Every family law matter is unique, and the details of your situation will dictate the best next steps. For guidance tailored to your circumstances, contact one of our family law attorneys to schedule a consultation and learn more about your options for navigating the road ahead.
