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What does earning capacity have to do with property division?

On Behalf of | Apr 27, 2017 | Property Division |

Those in Pennsylvania who are going through the divorce process simply want to leave their marriages with their fair share of assets, which is a reasonable desire. The definition of fair in such cases, though, is different for everybody. For example, if you are the spouse with a higher earning capacity, you may be granted less in your property division settlement. Is that reasonable? The court and your soon-to-be ex may think so.

Property division can be a rather tricky thing to figure out. Pennsylvania law supports equitable distribution in divorce. This does not mean that everything will be split down the middle. Rather, it simple means that, depending on a few factors, one should walk away with roughly 50 percent of marital property.

The earning capacity of each spouse is one of the factors that the court considers before dividing property. Why? Because the spouse who has a higher earning capacity will not have the same economic needs after divorce as the spouse who has a lower earning capacity. To learn more about this topic, please take a moment and visit our firm’s website.

Property division is often a contentious topic when going through divorce. Some individuals may not feel that the factors used by the court to determine how much each party gets to walk away with are very fair. While it can be challenging and time consuming to figure out, an experienced family law attorney can assist divorcing couples in Pennsylvania achieve property division settlements that are fair and balanced.


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