This presentation describes how marital property is divided under Pennsylvania equitable distribution laws. This presentation follows Chapter 5 of the Pennsylvania Bar Institute book Slicing the Pie: Equitable Distribution in Pennsylvania by Brian C. Vertz (David Ladov, Ed.)

1. Chapter 5: Equitable Distribution of Marital Property Brian C. Vertz, ESQ, MBA Pollock Begg Komar Glasser LLC, Pittsburgh www.BVSOURCE.com

2. Criteria for Dividing Property Eleven Factors - 23 Pa.C.S. § 3502 (a)(1) – (11) Statistical Data Prospects for Economic Recovery Contributions Standard of Living Cost of Transfer or Liquidation

3. Statistical Data § 3502 (a)(1) – Length of Marriage § 3502 (a)(2) – Prior Marriages § 3502 (a)(3) – Age, Health, Station in Life, Amount and Sources of Income, Vocational Skills, Estate, Liabilities, and Needs of Each of the Parties

4. Prospects for Economic Recovery § 3502 (a)(3) - Age, Health, Station in Life, Amount and Sources of Income, Vocational Skills, Estate, Liabilities, and Needs of Each of the Parties § 3502 (a)(5) – Opportunity for Future Acquisition of Capital Assets and Income § 3502 (a)(8) – Separate Estates, Gifts, Inheritance and Family Resources

5. Contributions § 3502 (a)(4) – Contribution to the Education, Training, or Increased Earning Power of the Other Spouse § 3502 (a)(7) – Contributions to the Acquisition or Preservation of Marital Property, including Homemaker Contributions

6. Homemaker Contributions meal planning and shopping cooking cleaning researching and selecting furniture, carpets, wall coverings, decorations, vehicles, appliances, clothing, service providers scheduling and supervising home repairs, service calls and maintenance (plumbers, appliance repairmen, tree service, etc.) child care (including feeding, bathing, dressing, making school lunches, administering discipline, attending school conferences, assisting with homework, arranging extracurricular activities, scheduling and keeping appointments with doctors, picking up children at school when ill, etc.) caring for elderly or disabled family members bill paying and budgeting entertaining clients and business associates vacation planning participating in community and charitable organizations

7. Dissipation Bad investment strategy Prolifigate spending Gambling Money spent on significant others

8. Standard of Living § 3502 (a)(6) – Amount and Sources of Income, including Benefits § 3502 (a)(9) – Standard of Living

9. Cost of Transfer or Liquidation 2005 Amendments to the Divorce Code § 3502 (a)(10.1) Real estate – commissions & transfer taxes Retirement assets – income tax Investments – capital gains

10. Allocating Debts and Liabilities § 3501 (a)(7) – secured debts Hicks v. Kubit, 758 A.2d 202 (Pa.Super.2002) Kronz v. Kronz, 574 A.2d 91 (Pa.Super.1990)

11. Advances / Partial Distributions § 3502 (f) – partial distributions § 3502 (c) – exclusive possession Laczkowski v. Laczkowski, 496 A.2d 56 (Pa.Super.1985) Kokolis v. Kokolis, 83 Pa.D.&C. 3d 214 (Allegheny Co.2006), aff’d, 927 A.2d 663 (Pa.Super.2007)

12. Credits in Equitable Distribution Fair Rental Value – Gee v. Gee, 460 A.2d 358 (Pa.Super.1983) Vanishing Credit – Sergi v. Sergi, 506 A.2d 928 (Pa.Super.1986) Payment of Marital Debt § 3502 (e)(5); Duff v. Duff, 507 A.2d 371 (Pa.Super.1986) Diament v. Diament, 816 A.2d 256 (Pa.Super.2003)

13. ©2010 Brian C. Vertz www.bvsource.com