The Thirteen Factors and the Marital Home in Pennsylvania
Pennsylvania courts divide marital property after weighing thirteen factors, including tax ramifications and costs of sale, may award the right to reside in the marital home, and can order life insurance and interim distributions.
The thirteen factors
Factors relevant to the equitable division of marital property include (23 Pa.C.S. 3502(a)):
| Factor | |
|---|---|
| (1) | The length of the marriage |
| (2) | Any prior marriage of either party |
| (3) | The age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each party |
| (4) | The contribution by one party to the education, training or increased earning power of the other |
| (5) | The opportunity of each party for future acquisitions of capital assets and income |
| (6) | The sources of income of both parties, including medical, retirement, insurance or other benefits |
| (7) | The contribution or dissipation of each party in the acquisition, preservation, depreciation or appreciation of the marital property, including as homemaker |
| (8) | The value of the property set apart to each party |
| (9) | The standard of living established during the marriage |
| (10) | The economic circumstances of each party when the division is to become effective |
| (10.1) | The federal, State and local tax ramifications associated with each asset, which need not be immediate and certain |
| (10.2) | The expense of sale, transfer or liquidation associated with a particular asset, which need not be immediate and certain |
| (11) | Whether the party will be serving as the custodian of any dependent minor children |
Contribution and dissipation
Factor (7) lets the court charge a spouse who wasted assets and credit a homemaker, which is how dissipation enters a case even though marital misconduct does not.
The marital home
The court may award one or both parties the right to reside in the marital residence, during the case or otherwise (subsection c), and it can order the sale or transfer of property to comply with its order.
Life insurance and partial distribution
The court may direct the continued maintenance of existing life and health insurance policies bought during the marriage and, where needed to protect a party, the purchase of a policy; at either party’s request it may enter an interim partial distribution at any stage.
Evidence to gather
Appraisals, account and retirement statements, tax advice on each asset and records of contributions and of any waste of assets.
Questions to bring to an attorney
Ask which factors fit your facts and how taxes and costs of sale would affect your share.
Next steps
Ask a licensed Pennsylvania attorney which factors fit your facts and test shares in the Pennsylvania property division calculator.
Frequently asked questions
How many factors does Pennsylvania use for property division?
Thirteen, including the length of the marriage, income, contributions, dissipation, taxes and whether a party is the custodian of minor children.
Do taxes matter in Pennsylvania property division?
Yes. The tax ramifications of each asset, immediate or not, are a factor.
Is dissipation considered in Pennsylvania?
Yes, as part of the contribution or dissipation factor, even though marital misconduct is not considered.
Can a Pennsylvania court award interim distribution?
Yes. At either party's request it may enter an interim partial distribution at any stage.
Can a Pennsylvania court require life insurance?
Yes. It may direct maintenance of existing policies and, where needed, the purchase of a policy.
Official sources
- 23 Pa.C.S. 3502: equitable division of marital property
- 23 Pa.C.S. 3501: definitions of marital property
- IRS Publication 555: community property states
A local family law attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited Pennsylvania statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Pennsylvania attorney.