Pennsylvania Divorce Law...

Pennsylvania Law - Post-Separation Earnings

Earnings received after the separation date are separate property, and are generally not available for division between the parties.

Assets acquired after separation in exchange for marital assets are marital property, not separate property.

Section 4104.

Cases:

Oaks v. Cooper (1994) 638 A.2d 208, 536 Pa. 13 (The court determined the husband's post separation contributions to the parties' savings accounts to be his separate property. Although separate funds contributed to the marital estate during the marriage become marital property, in this case, the contributions were made after the parties had separated. Property acquired after separation is non-marital. At the time of separation the value of the parties' accounts was $29,000, during the distribution proceedings, they were valued at $134,000. The husband also made contributions to an Individual Retirement Account opened during the marriage, after the separation. This account was deemed marital property to the extent of the initial $1,500 invested and the interest earned on that amount up until the date of distribution. The parties were married for 34 years.)

Schmidt v. Krug (1993) 624 A.2d 183, 425 Pa.Super. 136 (In this case, the wife purchased two investment real estate properties after the separation. She put them solely in her name. The husband declined to participate in the investment. However, the husband participated in the selection, negotiation, renovation, and improvement of the property. In addition, the wife used marital funds to purchase the properties. Also, after the purchase, both parties used marital funds to renovate the properties. And so the properties were deemed "marital.")

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