Divorce FAQ For Pennsylvania Families
Throughout your divorce process, you likely have many questions about your rights under Pennsylvania law. At Stewart, McArdle, Sorice, Whalen, Farrell, Finoli & Cavanaugh, LLC, our experienced divorce attorneys will work to educate you and protect your rights, and those of your children.
Will I Lose My House When I Get Divorced?
Many times, it can be financially difficult to maintain your marital home on one income rather than two. In addition, you may not be able to buy your spouse out of the house. Therefore, the family home is sometimes sold, and the spouses share the proceeds. If keeping your house is a priority, our lawyers will work on finding an affordable solution.
Do I Lose My Ownership Rights If I Move Out Of My House?
No — you do not relinquish or lose your ownership rights in the house after you move out. However, once you move out, you may not be able to move back in. In addition, once you move out, you may have to pay child or spousal support. You may also have to pay part of the mortgage, real estate taxes and insurance in the form of additional support.
Must I Pay Alimony Or Spousal Support?
It depends. Alimony may be awarded only when economic justice requires it, and the reasonable needs of a spouse cannot be met through the award of marital assets. Alimony, which is determined after a review of 17 factors set forth in the divorce code, should be given to a spouse only if the spouse needs it to obtain the necessities of life. Alimony is not meant to punish or reward a spouse. Rather, it is to ensure the reasonable financial needs of the person who is not able to support himself or herself through appropriate employment. Alimony is based upon the reasonable needs of a party, their lifestyle and standard of living during the marriage and the other spouse’s ability to pay.
Spousal support may be awarded while the husband and wife are living separate and apart. The entitlement to spousal support is determined pursuant to case law and the domestic relations law. Oftentimes, spousal support is determined pursuant to a formula. However, sometimes the amount of spousal support may be reduced by a deviation permitted by the family court.
Is My Spouse Entitled To My Pension?
It depends on what other assets you and your spouse have acquired during your marriage. Some marital assets, such as a house or investments, may be given to a spouse instead of your retirement account or pension. You need an experienced family law attorney to determine if you may save and keep your retirement account or pension.