E
INDUSTRY INSIGHT
FAMILY LAW
veryone 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 two-
bedroom 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.
TOP DIVORCE MYTHS IN
PENNSYLVANIA DEBUNKED
www.mcmorrowlaw.com
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.
NORTH ALLEGHENY
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SUMMER 2019
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