Legal Question in Family Law in Pennsylvania
Separated, papers not filed - what about new assets?
Slept in spare room for a year, then took an apt for 2+yrs. Div. papers have yet to be filed. Paying regular monthly support for wife/house/kids.
What about any new assets that I plan to acquire; car, condo? Can these be attached during property splits? What about new savings (retirement contributions)? Can these be considered marital assets?
3 Answers from Attorneys
Re: Separated, papers not filed - what about new assets?
Although I cannot speak to the specifics of your situation, as a general rule, as you are probably aware, the date of separation, once established, marks the dividing line between marital assets and separate assets of the parties to a marriage. All assets acquired prior to separation are marital; those thereafter are non-marital.
Establishing whether assets were acquired after or prior to separation is as simple as looking at the date on the deed or purchase agreement. For example, if monies which predated the separation are used in the purchase of other assets following separation, the asset would not be wholly separate. It is therefore important to maintain documentation.
As always, it is advisable to speak with an experienced attorney.
I wish you the best.
Ilene Young, Esquire
Young Law Office ~ 50 East Court Street, Doylestown, PA 18901 ~ 215-348-5448
NOTICE
As you are not a client of our firm, discussion of the above topic is provided for informational purposes only and does not constitute legal advice. Applicability of the legal principles discussed may differ substantially in individual situations, different counties, or in different states. If you have a specific concern or legal problem, do not rely on these materials. Be sure to seek the advice of an attorney about your particular situation and facts.
Re: Separated, papers not filed - what about new assets?
Most of the time assets aquired during a seperation leading to divorce are awarded to the party holding them. However, the court takes into consideration the status the parties will be in after the divorce to determine the distribution of the marital assets. I would suggest contacting an attorney to discuss this. I offer free consultations.
Re: Separated, papers not filed - what about new assets?
Marital assets are defined as property acquired from the date of marriage to the date of separation. Assuming the date of separation is not in dispute or is easily proven, any assets you acquire after that date will be yours.
I trust this answers your question but feel free to call or E-mail me for a free initial consult.