Divorce after 50 by state

Divorce after 50 in Pennsylvania

Not necessarily. A Pennsylvania court divides marital property in whatever shares it thinks are fair after weighing a list of factors, and there is no starting rule of a 50/50 split.

What the court finds fair 23 Pa.C.S. § 3502(a)

Equitable distribution, IRS Publication 555

How long it takes

Living in the state before you file
6 months
23 Pa.C.S. § 3104(b)
Wait after filing
90 days
This is for a divorce both spouses consent to. Without consent, you must first live apart for one year.
23 Pa.C.S. § 3301(c)(1)
Court filing fee
Not yet checked

Retirement accounts

Pensions and retirement savings built up during the marriage count as marital property to be divided, and for a traditional pension paid out later, the marital share is the fraction of working months that fell during the marriage before final separation.

23 Pa.C.S. § 3501(a), (c)(1) How a 401(k), IRA or pension is divided

Alimony

Formula only while the case is open

While the divorce is pending, spousal support usually follows a court formula based on both spouses' incomes, but alimony after the divorce has no formula and is decided from a list of factors.

Pa.R.C.P. 1910.16-1, 1910.16-4 (temporary support); 23 Pa.C.S. § 3701 (alimony after divorce)

Keep the house, or the 401(k)?

The two are rarely worth the same once selling costs and tax are counted. Put in three figures and see both sides, today and in ten years.

Start with three numbers

The 401(k), 403(b) or traditional IRA balances being divided.

About a minute. You can change every assumption on the next page, or open the full calculator.

Questions about Pennsylvania

Is Pennsylvania a 50/50 divorce state?

Not necessarily. A Pennsylvania court divides marital property in whatever shares it thinks are fair after weighing a list of factors, and there is no starting rule of a 50/50 split.

Is Pennsylvania a community property state?

No. Pennsylvania uses equitable distribution. Property acquired during the marriage is divided fairly, which need not mean equally. The court weighs the length of the marriage, each spouse’s earnings and contributions, and their needs after the divorce.

How are retirement accounts divided in a Pennsylvania divorce?

Pensions and retirement savings built up during the marriage count as marital property to be divided, and for a traditional pension paid out later, the marital share is the fraction of working months that fell during the marriage before final separation.

How we check the facts and every state side by side.

This is a modelled estimate from the figures you entered and the assumptions shown above. It is not legal, tax or financial advice. Divorce law and tax treatment vary by state and by your circumstances; check the result with a lawyer or a divorce financial specialist before acting on it.

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