The rule in Pennsylvania is that the determination of the equitable division, distribution or assignment of the marital property in a divorce must be made without regard to marital misconduct (23 Pa.C.S. §3502(a)). In divorces, the Court is called upon to make an equitable division of the marital property and the Court must consider only the relevant factors that have been specifically outlined by the law. The law allows the Court great flexibility in adjusting the property awards to reflect various factors and can also use discretion as to how much weight to give each factor. However, the Court can not consider the marital misconduct of either party when awarding an equitable division of property.
It should be noted that marital misconduct may be considered in an award of alimony (23 Pa.C.S.A. §3701(b)(14)).
For more information, please contact a Pennsylvania Divorce Lawyer at Colgan Marzzacco, LLC at 800-615-0115 for a free telephone consultation. A Pennsylvania Divorce Attorney at Colgan Marzzacco, LLC is available to answer your questions regarding equitable distribution or any other matter of relating to a family law case.