Everyone knows someone who has gone through a divorce . That person likely has quite a few stories to tell . However , some stories can get lost in translation or just misstate the law . Here are the Top Divorce Myths Debunked :
Myth # 1 : Equitable distribution of the marital estate means a 50 / 50 split between spouses . There is no formula for determining how your assets and debts are divided in a divorce . Rather , there are 11 factors that are considered to determine how to split up the estate , which include the length of the marriage , standard of living of the parties , the contribution of one spouse to the other ’ s education , employability of a spouse , and whether one spouse is a primary custodian of any minor children .
Myth # 2 : If a spouse commits adultery , he or she will receive less of the marital estate . Marital misconduct is not factored into equitable distribution of the marital estate at all . However , it is one of 17 factors considered when determining if a spouse should receive / pay alimony .
Myth # 3 : The mother always receives custody of a child in a divorce . In Pennsylvania , the courts do not give preferential treatment to one parent over another . Rather , they analyze what is in the best interests of the child when determining who should exercise custody and how much each parent should get . The court will factor in who can provide a stable , loving and nurturing environment for the child , how well the parents communicate and co-parent , etc . The law values the involvement of both parents in a child ’ s life and will often give equal physical custody time to parents if it is in the child ’ s best interests .
Myth # 4 : Individually titled assets like a house or a pension cannot be divided in a divorce . When dividing a marital estate , any assets or debts , including a retirement account , house or a credit card bill , may be divided in a divorce regardless of whose name the asset or debt is titled in , so long as the asset or debt was acquired or accrued during the marriage . There are ways of dividing retirement accounts in a divorce that prevent any negative tax consequences or penalties .
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Myth # 5 : All dependent spouses are entitled to alimony . In Pennsylvania , the courts consider 17 factors when determining whether a spouse should get alimony , including the earning capacity or income of the parties , length of the marriage , education of the parties , and the contribution of a spouse as a homemaker . One important thing to remember is that alimony is a secondary remedy , meaning the courts first analyze what a dependent spouse would get through equitable distribution ( how much of the marital estate ) and if that is enough to meet his / her reasonable needs before determining if an award of alimony is necessary .
Myth # 6 : No child support will be paid if there is 50 / 50 custody . The Pennsylvania courts will award child support even if there is equal custody since both parents may not earn the same income . The courts want to avoid having the parents on uneven footing when exercising custody . For example , the courts do not want the kids going to Dad ’ s mansion with a pool and then going to Mom ’ s twobedroom apartment because there is such a disparity in incomes . It is not fair to the kids or to the
parents . However , the court may award a reduced amount of support to compensate the payor parent for having the children for equal time .
Myth # 7 : You must appear in court to get a divorce . Many people do not ever set foot inside of a courtroom to handle their divorce . A divorce can be processed through the courts , and the outstanding issues can all be handled outside of court through mediation , collaborative divorce or through a privately negotiated settlement .
This Industry Insight was written by Brooke B . McMorrow .
Attorney McMorrow is the founding member and Managing Attorney of McMorrow Law , LLC located in Wexford , Pennsylvania . McMorrow Law focuses on family law matters such as divorce , custody , child support , guardianship , estate planning , and probate / estate administration in Pittsburgh and the surrounding counties . Attorney McMorrow is collaboratively trained , a certified mediator and parenting coordinator . She is also a founding member of Collaborative Solutions North . She is licensed to practice in Pennsylvania and New York . For a free initial consultation call 724.940.0100 or visit the website at www . mcmorrowlaw . com .
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