Double Dip Prohibited In Divorce
How are marital assets that generate income, such as pensions, rental properties and IRA treated by the courts? Pennsylvania law had previously established that pensions and rental properties could be divided as property in equitable distribution or as income for alimony, but not both. However, in a recent decision by a Court of Common Pleas Judge, the court concluded that an IRA can also be considered a marital asset for equitable distribution or it can be considered as income for support purposes, but it cannot be considered both.
By its decision, the court continued its belief that assets that generate income can be either subject to equitable distribution or income for support. It is important to contact an experienced family law divorce attorney if you have any questions about a divorce or family law question.