Baden, PA asked in Divorce for Pennsylvania

Q: I've been separated for 7 yr, am I Intiled to a part of his retirement

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1 Lawyer Answer
Mariah Balling-Peck
Mariah Balling-Peck
  • Uniontown, PA
  • Licensed in Pennsylvania

A: This question is difficult to answer due to the lack of facts. For example, a party is entitled to part of the marital estate accumulated during the course of the marriage. In Pennsylvania, this can include the increase in value of property owned, pensions, retirement, and other assets. Under the Sergio case, our Supreme Court has held that the property is assessed both at the date of separation and at the date of equitable distribution. The reasoning is because of market fluctuations in the value of certain volatile assets like stocks. Other economic factors can affect the value of property considered part of the marital estate. When a retirement account or pension is involved, generally we look at the date of the acquisition of the asset, whether it was pre-marital and then marital, and what the increase or decrease in value is from that asset. Often, experts can be used to value these types of assets. Length of marriage, dates, and other factors are all necessary to properly answer this question definitively. Hope this helps.

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