Equitable Distribution
Equitable distribution is the process by which all marital property is distributed between the parties. It is important to note that equitable distribution does not mean equal distribution. Equitable means what is fair.
COURT FEES FOR SPECIAL MATTERS.
In Chester County, a party requesting a special master for determining alimony, equitable distribution, and other matters must pay a "filing fee" of $509.00. This filing fee is NOT refundable even if the case is settled .
NOTE: There are no such fees for child support or spousal support. There is a filing fee for a Special Master in APL. Court costs in support cases are usually charged to the defendant and are minimal
Property means both real property (real estate) and personal property (furniture, jewelry, etc.). Most property acquired during the course of the marriage is considered marital property and is subject to equitable distribution, although there are exceptions, i.e. gifts and inheritances. It does not matter in whose name the property is titled (i.e, deeds, bank accounts, pension plans); it is still marital property if it was acquired during the marriage. Property that is pre-marital (owned before the marriage) and property acquired after separation (unless purchased with marital funds) is not usually subject to equitable distribution.
Like alimony, many factors are taken into consideration when deciding equitable distribution. These factors need not be given equal weight. Some of the more important factors in equitable distribution are length of the marriage, age of the parties, custody of the children, and the parties' future earning potential.
If the parties are not able to reach an agreement, a Special Master is appointed (see alimony). The Special Master will hold a hearing and make findings and recommendations regarding distribution of the marital estate based on the above factors and their application to the individual case.
In most cases, the distribution will be in the range of 50/50 to 65/35, although this is not a guarantee. The equitable distribution split will greatly affect other claims such as alimony, counsel fees, and costs, etc.
For example, if the financially dependent spouse receives the bulk of the marital assets in equitable distribution, this distribution will reduce (and in some cases eliminate) the dependent spouse's need for alimony. This may not be the case, however, if the main asset received by the dependent spouse has no liquidity (such as the marital residence) as that would not reduce the depended spouse's need for cash assistance.
As with alimony, if a party is dissatisfied with the Master's recommendation, he or she can file exceptions (appeal).