SEPERATE PROPERTY (NON-MARITAL PROPERTY)


In Pennsylvania, separate or non-marital assets may be omitted from the equitable distribution. First, any property that was excluded by a prenuptial agreement will not be included in the equitable distribution. Also, any property brought into the marriage and kept separate during the marriage is also considered non-marital property. Further, gifts received by one spouse during the marriage may also be kept separate. This includes inheritances received before or during the marriage that is kept separate may also be excluded. This is not without limitation, however. If the value of any of the non-marital property increases during the marriage, the increase in value may be considered marital property. If a spouse chooses to use non-marital funds for a common purchase, like buying a home, that money will often be considered marital property.