Equitable Distribution:
Frequently Asked Questions
- Can you represent me in my equitable distribution matter?
- What is equitable distribution?
- How does a court decide who gets what?
- What types of property are divided under equitable distribution?
- How do I determine the value of our house, pension, or business?
- I suspect that my spouse is hiding marital assets – what should I do?
Can you represent me in my equitable distribution matter?
Yes. Spivak Law Firm represents people in all family law matters, including equitable distribution. We aim to help our clients receive a fair division of their marital property. To speak with an equitable distribution attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
What is equitable distribution?
Equitable distribution is the formal legal process of dividing marital assets and debts. This process can be avoided by settling out of court using separation agreements or through mediation. Equitable distribution is available to divorcing spouses who cannot agree about the division of their marital assets and debts. To learn more about equitable distribution, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
How does a court decide who gets what?
Under equitable distribution, the marital assets and debts need not be divided equally. Rather, the court decides how to split up the property based on what it thinks is fair. A court considers the following factors: length of marriage; needs of the parties; age and health of the parties; and income, skills, and employability of the parties. To schedule an appointment with an equitable distribution attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
What types of property are divided under equitable distribution?
Only marital assets are divided under equitable distribution. Marital assets include property and income acquired during the marriage. Marital assets may include houses, furniture, motor vehicles, investments, and retirement accounts such as pensions and 401(K) plans. Equitable distribution does not include property that either spouse owned before the marriage or property obtained by either spouse as a gift or inheritance. However, the increase in value during the marriage of non-marital property such as a house, business, or retirement account may be considered a marital asset for purposes of equitable distribution. For more information, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
How do I determine the value of our house, pension, or business?
It is sometimes necessary to get an appraisal by a certified expert to determine the value of real estate, pensions, or businesses. An appraisal may be essential in determining the value of the marital estate to be divided in equitable distribution. Spivak Law Firm can refer clients to an appraiser to assess the value of real estate, an actuary to assess the value of a pension plan, or a forensic certified public accountant to assess the value of a business. If you need help determining the value of your marital property, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
I suspect that my spouse is hiding marital assets – what should I do?
If you suspect that your spouse is hiding or misrepresenting the value of marital assets, your divorce lawyer can investigate by initiating the formal discovery process. Divorcing spouses are required to exchange documentation proving the value of marital assets, the amount of marital debt, and the incomes of both spouses. The discovery process compels the spouse to release all relevant documentation regarding marital assets, debts, and income. Although discovery can be time-consuming and expensive, it is sometimes necessary to uncover a spouse’s hidden assets. To learn more about the discovery process, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Contact Our Pittsburgh Law Firm Today
Call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390. Our Pittsburgh office is open during normal business hours, as well as evenings and weekends by appointment.
Spivak Law Firm represents clients in Pittsburgh and all surrounding counties, including: Allegheny County, Beaver County, Butler County, Washington County and Westmoreland County. We accept cases in Armstrong County, Clarion County, Crawford County, Fayette County, Greene County, Indiana County, Lawrence County, Mercer County, Somerset County and Venango County.