Property Division
Philadelphia Property Division Attorney
Montgomery County Divorce Attorney Helping Achieve Equitable Distribution of Marital Assets
The process of divorce usually entails the distribution of marital assets and sometimes marital debt. Upon request of either party, Pennsylvania courts will divide marital property in such proportions as the court deems fair after considering a variety of factors.
- Length of the marriage
- Any prior marriages
- Age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties
- Contribution by one party to the education, training or increased earning power of the other party
- The opportunity of each party for future acquisitions of capital assets and income
- The sources of income of both parties including medical, retirement, insurance, or other benefits
- 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 a homemaker
- The value of another spouse’s property, gifts or inheritance, which is solely owned by one spouse and is not part of the marital estate
- The standard of living of the parties established during the marriage
- The economic circumstances of each party, including federal, state and local tax ramifications at the time the division of property is to become effective
- Whether a party will be serving as custodian of any dependent minor children
Philadelphia property division lawyer Stacy E. Schwarz works to protect her clients' interests in achieving a fair property distribution. She represents clients in family courts in Philadelphia and the five-county area. To schedule a consultation, call (215) 241-1117 or contact our Philadelphia law office online.
It is important to note that marital misconduct will not be considered in property distribution but may be relevant with regard to alimony or child custody.
Negotiating Property Division or Going to Court
Attorney Schwarz has an advanced law degree, a Master of Laws in Taxation. Having this advanced knowledge benefits her clients in divorce because she is able to explain the ramifications of tax law on the division of assets and ongoing financial support.
With accurate information and legal guidance, couples can often arrive at a property settlement agreement that is fair and binding, without the time and expense of going to family court. Attorney Schwarz is a skilled and savvy negotiator who will carefully identify and evaluate marital assets, such as those below, in order to achieve an equitable division:
- The marital residence and other real property
- Motor vehicles (and vehicle loans)
- Checking and savings accounts, and the contents of any safety deposit boxes
- Loans and liabilities, such as car loans, mortgages, home equity loans and credit card debt
- Pension plans, IRAs and other retirement plans
- Employment termination benefits and workers’ compensation benefits
- Securities, such as stocks, bonds, CDs, trusts, annuities, money market funds
- Business interests, including the good will of a business
- Insurance proceeds
- Inheritances and gifts
- Stock options
- Lottery proceeds
- Personal property
- Lawsuit settlement awards or verdicts reached prior to separation
Cash Income and Hidden Assets
When one or both parties operate a business or receive cash income, challenges can arise with failure to report or under-reporting of income and hidden assets. Ms. Schwarz has helped clients track income that a spouse may possess or hide in an attempt to achieve a favorable support award at the expense of the other spouse.
Exceptional Service in a Convenient Location
When you contact our office, you will speak directly with Montgomery County divorce lawyer Stacy Schwarz. For prompt, caring and personal attention from an experienced family lawyer, call (215) 241-1117 or contact our Philadelphia law office online.