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23 Pa C.S. § 3501 (2006) Definitions
(a) GENERAL RULE.-- As used in this chapter, "marital property" means all property acquired by
either party during the marriage and the increase in value of any nonmarital property acquired pursuant to paragraphs (1) and (3) as measured and determined under subsection
(a.1). However, marital property does not include:
(1) Property acquired prior to marriage or property acquired in exchange for property acquired prior to the marriage.
(2) Property
excluded by valid agreement of the parties entered into before, during or after the marriage.
(3) Property acquired by gift, except between spouses, bequest,
devise or descent or property acquired in exchange for such property.
(4) Property acquired after final separation until the date of divorce, except for property
acquired in exchange for marital assets.
(5) Property which a party has sold, granted, conveyed or otherwise disposed of in good faith and for value prior to the
date of final separation.
(6) Veterans' benefits exempt from attachment, levy or seizure pursuant to the act of September 2, 1958 (Public Law 85-857, 72
Stat. 1229), as amended, except for those benefits received by a veteran where the veteran has waived a portion of his military retirement pay in order to
receive veterans' compensation.
(7) Property to the extent to which the property has been mortgaged or otherwise encumbered in good faith for value prior to
the date of final separation.
(8) Any payment received as a result of an award or settlement for any cause of action or claim which accrued prior to
the marriage or after the date of final separation regardless of when the payment was received.
(a.1) MEASURING AND DETERMINING THE INCREASE IN VALUE OF NONMARITAL PROPERTY.-- The increase in value
of any nonmarital property acquired pursuant to subsection (a)(1) and (3) shall be measured from the date of marriage or later acquisition date to either the date of final
separation or the date as close to the hearing on equitable distribution as possible, whichever date results in a lesser increase. Any decrease in value of the nonmarital
property of a party shall be offset against any increase in value of the nonmarital property of that party. However, a decrease in value of the nonmarital property of a
party shall not be offset against any increase in value of the nonmarital property of the other party or against any other marital property subject to
equitable division.
(b) PRESUMPTION.-- All real or personal property acquired by either party during the marriage is presumed
to be marital property regardless of whether title is held individually or by the parties in some form of co-ownership such as joint tenancy, tenancy in common or tenancy by
the entirety. The presumption of marital property is overcome by a showing that the property was acquired by a method listed in subsection (a).
(c) DEFINED BENEFIT RETIREMENT PLANS.-- Notwithstanding subsections (a), (a.1) and (b):
(1) In the case of the marital portion of a defined benefit retirement plan being distributed by means of a deferred distribution, the
defined benefit plan shall be allocated between its marital and nonmarital portions solely by use of a coverture fraction. The denominator of the coverture fraction
shall be the number of months the employee spouse worked to earn the total benefit and the numerator shall be the number of such months during which the parties were
married and not finally separated. The benefit to which the coverture fraction is applied shall include all postseparation enhancements except for enhancements arising
from postseparation monetary contributions made by the employee spouse, including the gain or loss on such contributions.
(2) In the case of the marital portion of a defined benefit retirement plan being distributed by means of an immediate offset, the defined
benefit plan shall be allocated between its marital and nonmarital portions solely by use of a coverture fraction. The denominator of the coverture fraction shall be the
number of months the employee spouse worked to earn the accrued benefit as of a date as close to the time of trial as reasonably possible and the numerator shall be the
number of such months during which the parties were married and not finally separated. The benefit to which the coverture fraction is applied shall include all
postseparation enhancements up to a date as close to the time of trial as reasonably possible except for enhancements arising from postseparation monetary contributions
made by the employee spouse, including the gain or loss on such contributions.
See also:
- Divorce
Equitable Distribution of Property
Custody
Child Support
Spousal Support
Alimony
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