Separation Attorney in Pittsburgh
Separation in Pennsylvania
Our Pittsburgh divorce lawyers can explain issues related to "the date of separation" and clarify misconceptions about "legal separation" in Pennsylvania. We can explain how separation will impact your divorce case. If you have questions about separation in Pennsylvania, we would be happy to speak to you.
In Pennsylvania, there is no formal legal separation. However, there are major legal issues related to the "date of separation." The date of separation can be established by a multitude of factors, but the primary factor is the affirmative intention of the parties to be living "separate and apart."
Law Offices of Scott L. Levine, LLC
425 1st Ave - 6th Floor
Pittsburgh, PA 15219
Legal Significance of the Date of Separation in Pennsylvania
The date of separation is the date, which concludes the period of time during which the value of many assets are considered part of the marital estate. This can be marked by filing of a Complaint in Divorce, or when one spouse moves out of the marital residence. However, two people can remain living in the same house and still be considered separated if they hold themselves out as such to friends and family. Also the closing of joint accounts is indicative of the desire to be “living separate and apart” which is the standard used by the court to determine whether there was an actual separation.
Significance of the Date of Separation
Once the date of separation is established, it is easier to determine the value of various components of the marital estate, including marital assets and debts. Typically any increase in value of a premarital asset will be calculated as of the date of separation. Assets acquired after the date of separation are generally considered non-marital assuming non-marital funds were used for their purchase. Likewise, debts incurred following the date of separation are most often considered non-marital debts, while debts incurred prior to the date of separation are generally considered marital debts. Some marital assets, such as a home will be valued at the time of resolution or trial, while post-separation increases in retirement accounts are generally non-marital.
Contact us to discuss issues related to separation in Pennsylvania. Call attorney Levine today at 412.397.7175 for a consultation. We proudly serve clients in Pittsburgh, Pennsylvania, and Allegheny County throughout Western Pennsylvania.