Do People Really Grasp How Divorce Law Works?
Inspiration for this missive comes from a British University of Bristol news story about what Brits understand about their divorce process. Not to become bogged down in the law across the pond (would that be the American Ocean?) but chances are good that Americans would score about the same as our 57 million neighbors to the East.
The irony is that if you went out and bought a car this afternoon it would come with a manual. Buy an immersion blender and it comes with a manual….even though it mostly tells you how destructive it can be to human tissue when not fully immersed. But when you go to get a marriage license, no one gives you a manual. The Catholic Church comes close with its pre cana programs, but it also sticks pretty close to St. Mark’s admonition about putting a sacramental act “asunder.” In short, pre cana really is not a place to find out what happens if you should decide to divorce.
Today, we all get our first strike at knowledge courtesy of the internet and that world has a new entrant called artificial intelligence. The internet knows no geographic boundaries so ask a question about divorce and your answer can come from anywhere. The problem with that approach is that laws related to divorce actually do vary a fair amount from state to state. Nine states have community property laws. Another five states allow you to opt into a community property (50/50) arrangement. Pennsylvania has an unusual arrangement where even an inherited or pre-marital asset can be distributed in divorce to the extent it increases in value while you are married. Early in the 1980s I saw how twisted that can get. A husband named Hopkinson was getting divorced. He was a descendant of a signer of the Declaration of Independence, and he owned some of Francis Hopkinson’s stuff when he married his wife in the 1950s. Back then, antiques were valued but in the 1970s and 1980s, values really soared. Thus, suddenly, the marital estate was now top heavy in value with things that Mr. Hopkinson’s family had held for generations. Would he have to sell family heirlooms to achieve equitable distribution? I don’t have an answer as the case settled privately. In another case parents gave an otherwise modest couple an interest in a shore home. The $500,000 increase in that home suggested one of them might need to raise $250,000 +/- to settle the case. Neither spouse would ever be able to do that.
Pennsylvania has an information gap problem. In 2023 more than 20% of its divorces were granted via “mail order.” Search “Pa. Divorce” and you will be invited to secure one “on line” even though that’s not really how it works. In recent years more than 7,000 divorces are processed annually by people mailing forms to Potter and Cameron counties. If the paperwork is in order a decree will issue terminating any rights you might have to property or alimony. The “on line” services provide you with the forms you need to sign and then they send the paperwork on to the courts. In the vast majority of these cases, you never even speak with a lawyer—and thus save the cost of that interaction.
Here’s where the misunderstandings arise. Many people assume that property is split equally in Pennsylvania. Truth is that 50/50 does occur but not often unless the parties agree. Many people think Pennsylvania is a “no alimony” jurisdiction. Also, not true although alimony is termed a “secondary remedy.” Just as concerning is how people misapprehend what is a marital asset. Those are the ones that are divisible in divorce. They assume that assets not jointly titled are off the table. False. They assume pensions earned by one spouse during marriage are also not divisible. Also, false. And they forget about “weird” assets like stock options, termination benefits, deferred pension arrangements and derivative social security entitlements. If those terms seem foreign to you, don’t be ashamed but don’t be stupid either. And did we mention the $5 trillion in consumer debt excluding the $13 trillion we owe on our homes? That debt is also divisible in divorce if incurred during the marriage.
When you file or are served with a divorce complaint, all of that is on the table. But if you don’t resolve your property/alimony issues before a divorce decree is issued, all your rights disappear. You get what’s in your name- for better (assets) or worse (debt).
The asset and debt world has become quite complicated in the last 45 years since Pennsylvania became a state that divided property is divorce. Employers have embraced deferred compensation arrangements of all kinds and people are finding that mortgages they signed for before 2008 are magically re-appearing after years of non-payment. Search results for mortgages | Pennsylvania Family Law
In a word, if you find yourself in a divorce proceeding spend the time and money to understand what is happening before you sign ANYTHING. It may take an hour and it may cost you some cash, but the Divorce Code you will find on line is a maze of legality with almost no clarity. Yes, there are plenty of online resources (perhaps even this blog) that can be helpful, but nothing substitutes for an informed lawyer asking you questions about what you own and what you owe.
If you were hankering to know more about British misunderstandings of divorce: