Division of property(debt) in PA

Hi all,
As with many people in my situation, me and my wife
have a different opinion of what equally dividing
the property, debt in our case, means.

A little background:
My wife is the one that filed for divorce(no-fault).
The divorced is filed in PA.
I make about twice as much as her (eg. 30k and 60k).
We have no children.
We have been married about 9 years.
She is now getting a few hundred a month in spousal support.

At this point we have agreed on the house and, 1st and 2nd
mortgage, as this basically was break even.
We have also come to an agreement on the cars.

At first she told me she wanted to "divide things up fair
and square". So, that is what I did, actually I even give
her even less then half of the debt. But she did not agree
and did not want to be responsible for any of the joint
debt. For a long time she would not answer me when I ask
her why she felt is was not fair. After a few months, and
her second attorney she finally said "PA is "equitably"
divided, not "equally" divided.", and since I make twice
what she makes, then I should be the one responsible
for the debts.

The thing we are hung up on now is really one credit card.
When she left:
There was one credit card in my name with about $8,000 in
joint debt.
There was one credit card in her name with about $1,500 in
joint debt.

Since she had left:
I had made all the payment on both credit cards.
I had made over $2,000 in payments to the card in her name,
that only she had and used since she left. Yes, that is even more
then the amount of debt on the card when she left.
At this time she agrees to take over this card. But will not
consider what I had made as payment on it, not that I am
asking for it back at this time.

The part that we do not agree on at this time is the $8,000
in joint debt on the credit card in my name. She refuses to
be responsible for any of it, I even said I would go down to
just $2,000 for her part, and she still refuses.

Also I had paid several hundred on other cards she had made
charges to since she moved out.
And she had spent well over $1,000 from our joint account
after she moved out and was not contributing any funds to.

At this point, if it goes to a master to decide, here are my questions.

1. Since it is in PA, how much weight will a master put on the fact
that I make twice what my wife does?
2. Will the master consider the thousands I had paid on her credit cards
since she left?
3. Will the master consider what she spent from the joint account after
she had left and was not contributing funds to it?
4. Will the master consider that she is getting hundreds in support?
5. Will the master consider that she is the one that left me and the
marriage, and refused to join me in counseling?
6. What is the possibility that the master could slap me with alimony
even after the divorce?

Lastly, since I live in PA and I make twice what my wife make, am I screwed?
Should I just take on all the debts and get out before it goes to a master?

I could come up with more question, but I think I will leave it at that for now.
And the longer this goes on, the more she collects in support…

Thanks for any help,
John,What is the name of your state (only U.S. law)?

johnphillips said:

At this point, if it goes to a master to decide, here are my questions.

1. Since it is in PA, how much weight will a master put on the fact
that I make twice what my wife does?
2. Will the master consider the thousands I had paid on her credit cards
since she left?
3. Will the master consider what she spent from the joint account after
she had left and was not contributing funds to it?
4. Will the master consider that she is getting hundreds in support?
5. Will the master consider that she is the one that left me and the
marriage, and refused to join me in counseling?
6. What is the possibility that the master could slap me with alimony
even after the divorce?

Click to expand...

1. Pennsylvania is an equitable distribution state. That means that the judge can order something other than a 50:50 split, based on reasons provided here:
Property Division Under Pennsylvania Law
One of the reasons (#3) involves relative incomes, so the court COULD divide the credit card debt unevenly. Whether they would actually do so depends on the judge - a local attorney could probably guide you.
2. Probably not. That's history. However, the law would make it possible (#7). Just don't count on it.
3. Depends on what she spent the money on. If it was for living expenses and legal fees, probably not. If she took the money and hid it somewhere else or dissipated it, it would matter.
4. Support and property division are entirely different matters. In addition, the support presumably ends when the divorce is final, so it's irrelevant to how the divorce divides the property.
5. Largely irrelevant. PA law specifically says that property division should not consider marital behavior.
6. Not real likely in PA after a 9 year marriage:
Alimony/Maintenance/Spousal Support in a Pennsylvania Divorce

You already hit on one of the key issues. You're fighting over the difference between $2 K and $0. You're paying hundreds per month in alimony plus legal expenses (if any) plus all the hassle involved with dragging it out. If you fight it, it may well cost you much more than the $2 K you're asking for - either in property division or in extended temporary support.

Is it really worth fighting over?

johnphillips said:

1. Since it is in PA, how much weight will a master put on the fact
that I make twice what my wife does?

Click to expand...

No one can predict that. PA is a equitable division state so some weight can be put there.

2. Will the master consider the thousands I had paid on her credit cards
since she left?

Click to expand...

Likely not. That was voluntary on your part.

3. Will the master consider what she spent from the joint account after
she had left and was not contributing funds to it?

Click to expand...

Again, not very likely because those were marital funds, unless you can prove that they were not spent for basic expenses or attorney fees.

4. Will the master consider that she is getting hundreds in support?

Click to expand...

Perhaps but if the support is court ordered there isn't much for the master to consider.

5. Will the master consider that she is the one that left me and the
marriage, and refused to join me in counseling?

Click to expand...

No, not at all.

6. What is the possibility that the master could slap me with alimony
even after the divorce?

Click to expand...

If its a long term marriage, with the disparity in your incomes its quite possible. If its a short term marriage its unlikely.

Lastly, since I live in PA and I make twice what my wife make, am I screwed?
Should I just take on all the debts and get out before it goes to a master?

Click to expand...

This is a PURELY person opinion. Yes, I think that you should take on all of the debts that are in your name only. Why? Because you need to be 100% in control of any dings on your credit report, she is unlikely to comply with paying for the debt after the divorce, and the cost of enforcement wouldn't be worth it.

However, that is my standpoint from an accountant's cost analysis standpoint...and if you agree to it, you should try to exchange that for her agreement not to ask for any alimony.