Legal Question in Family Law in Pennsylvania
Property rights
I've been married for over ten years. My husband bought our house a few months before we married. We lived on his salary and put mine into savings and later paid off the mortgage. Due to verbal abuse and punching of walls, etc, I left him briefly back in the late 90s. After seeing a counselor, we reconciled. Now, two children later, I've become a SAHM for the last 4+ years. The house has never been put in my name, even if I contributed heavily towards the mortgage.
Now the verbal abuse and controlling behavior is rearing it's ugly head again and I don't want to subject my children to this. I don't want them learning this is how a wife is treated. We have 200K in bank, he owns the house, currently worth 180K, (paid 90) and we both have pensions. Although I haven't contributed anything to mine in years. We own both cars as well. I should mention that he inherited about 30% of that 200K.
I'm very nervous that I'm going to be left penniless if we're not able to work things out. I'm a SAHM while he earns between 50 and 70K. Are there some things I should be doing to protect myself and children?
Any advice much appreciated.
1 Answer from Attorneys
Re: Property rights
There are several aspects of a divorce action which relate to your financial concerns. They are
Division of Property
Spousal and Child Support
Support of household during the process of the divorce
Attorney's fees & costs of pursuing a divorce action
I will address each concern generally.
The division of property in a divorce case is called "equitable distribution". The property which is divided is "marital property". Generally speaking, property acquired from the date of marriage to the date of final separation (with exceptions) is considered "marital" property. This includes, all property acquired during marriage and the increase in value of property owned prior to marriage. How it is titled is not relevant. Any increase in value, which took place during marriage, of real estate, for example, would be marital property.
The second step in equitable distribution is dividing the marital property. There are many factors the Pennsylvania Courts consider when deciding how to distribute the property. Any fact relevant to the interests of fairness and economic justice will be considered, including those related to a party's ability to acquire income and assets in the future and contributions as homemaker.
It is important that all assets be fully explored and disclosed, particularly in a case where one party is not in financial parity with the other, both as to earning capacity and as to access to the parties financial information. An experienced domestic relations lawyer would be able to seek and analyze this information for you.
In addition, in a dependent spouse situation, child support and spousal support actions should accompany any divorce matter. During the divorce process, "alimony pendente" lite may be necessary. This is a temporary order of alimony which allows a dependent spouse to maintain her standard of living prior to the entry of the final support and equitable distribution orders. One spouses attorney's fees may also ordered to be paid by the other spouse in whole or part in some situations as part of an overall settlement or where the equities warrant such an award.
For general information about support and the procedures involved in a Pennsylvania divorce action, please visit the FAQ's and articles on my web page, http://www.ileneyoung.com
You may also call my office if we are convenient to you for a consultation to evaluate your situation, or consult with an attorney near you. It is important that you understand your financial situation and rights.
I wish you the best.
Ilene Young
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