Whether you are getting married or divorced, it is helpful to understand what will happen to the assets and liabilities that you have or had at the time of marriage. This is because assets and liabilities that you have before you get married are treated differently than those you get during the marriage if you are divorced under Pennsylvania law. Here are five facts about your premarital assets and liabilities under Pennsylvania law:
- Premarital assets are any assets that you own on the day that you get married, such as checking accounts, savings accounts, investment accounts, retirement accounts, real estate, vehicles and jewelry.
- Premarital liabilities are any liabilities or debts that you owe on the day that you get married, such as credit card balances, student loans, tax liabilities and mortgages.
- The value of your premarital assets on the day of your marriage will be your separate property if you get divorced so long as you kept those assets in your name alone, which means that you will get to keep the value of your premarital assets that remained in your name alone as of the date of your marriage after you are divorced.
- The increase in value of your premarital assets during the marriage will be marital property and will be divided in the divorce. For example, if you owned any financial accounts, retirement accounts, or real estate when you got married and those assets increase in value during your marriage, only the increase in value of those assets will be considered marital property and will be divided in your divorce.
- Any of your premarital liabilities that still exist when you get divorced will be your responsibility to pay and will not be divided in your divorce.