Pa. Cons. Stat. » 23 Pa. Cons. Stat. (DOMESTIC RELATIONS) / Chapter 35
Pennsylvania Consolidated Statutes

23 Pa. Cons. Stat. § 3501 (2026)

 Definitions.

✓ current as of May 2026
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CHAPTER 35

PROPERTY RIGHTS

 

Sec.

3501.  Definitions.

3502.  Equitable division of marital property.

3503.  Effect of divorce on property rights generally.

3504.  Disposition of property after termination of marriage.

3505.  Disposition of property to defeat obligations.

3506.  Statement of reasons for distribution.

3507.  Division of entireties property between divorced persons.

3508.  Conveyance of entireties property to divorced spouse.

 

Enactment.  Chapter 35 was added December 19, 1990, P.L.1240, No.206, effective in 90 days.

Cross References.  Chapter 35 is referred to in section 3701 of this title.

§ 3501.  Definitions.

(a)  General rule.--As used in this chapter, "marital property" means all property acquired by either party during the marriage and the increase in value of any nonmarital property acquired pursuant to paragraphs (1) and (3) as measured and determined under subsection (a.1). However, marital property does not include:

(1)  Property acquired prior to marriage or property acquired in exchange for property acquired prior to the marriage.

(2)  Property excluded by valid agreement of the parties entered into before, during or after the marriage.

(3)  Property acquired by gift, except between spouses, bequest, devise or descent or property acquired in exchange for such property.

(4)  Property acquired after final separation until the date of divorce, except for property acquired in exchange for marital assets.

(5)  Property which a party has sold, granted, conveyed or otherwise disposed of in good faith and for value prior to the date of final separation.

(6)  Veterans' benefits exempt from attachment, levy or seizure pursuant to the act of September 2, 1958 (Public Law 85-857, 72 Stat. 1229), as amended, except for those benefits received by a veteran where the veteran has waived a portion of his military retirement pay in order to receive veterans' compensation.

(7)  Property to the extent to which the property has been mortgaged or otherwise encumbered in good faith for value prior to the date of final separation.

(8)  Any payment received as a result of an award or settlement for any cause of action or claim which accrued prior to the marriage or after the date of final separation regardless of when the payment was received.

(a.1)  Measuring and determining the increase in value of nonmarital property.--The increase in value of any nonmarital property acquired pursuant to subsection (a)(1) and (3) shall be measured from the date of marriage or later acquisition date to either the date of final separation or the date as close to the hearing on equitable distribution as possible, whichever date results in a lesser increase. Any decrease in value of the nonmarital property of a party shall be offset against any increase in value of the nonmarital property of that party. However, a decrease in value of the nonmarital property of a party shall not be offset against any increase in value of the nonmarital property of the other party or against any other marital property subject to equitable division.

(b)  Presumption.--All real or personal property acquired by either party during the marriage is presumed to be marital property regardless of whether title is held individually or by the parties in some form of co-ownership such as joint tenancy, tenancy in common or tenancy by the entirety. The presumption of marital property is overcome by a showing that the property was acquired by a method listed in subsection (a).

(c)  Defined benefit retirement plans.--Notwithstanding subsections (a), (a.1) and (b):

(1)  In the case of the marital portion of a defined benefit retirement plan being distributed by means of a deferred distribution, the defined benefit plan shall be allocated between its marital and nonmarital portions solely by use of a coverture fraction. The denominator of the coverture fraction shall be the number of months the employee spouse worked to earn the total benefit and the numerator shall be the number of such months during which the parties were married and not finally separated. The benefit to which the coverture fraction is applied shall include all postseparation enhancements except for enhancements arising from postseparation monetary contributions made by the employee spouse, including the gain or loss on such contributions.

(2)  In the case of the marital portion of a defined benefit retirement plan being distributed by means of an immediate offset, the defined benefit plan shall be allocated between its marital and nonmarital portions solely by use of a coverture fraction. The denominator of the coverture fraction shall be the number of months the employee spouse worked to earn the accrued benefit as of a date as close to the time of trial as reasonably possible and the numerator shall be the number of such months during which the parties were married and not finally separated. The benefit to which the coverture fraction is applied shall include all postseparation enhancements up to a date as close to the time of trial as reasonably possible except for enhancements arising from postseparation monetary contributions made by the employee spouse, including the gain or loss on such contributions.

(Nov. 29, 2004, P.L.1357, No.175, eff. 60 days)

 

2004 Amendment.  Act 175 amended subsec. (a) and added subsecs. (a.1) and (c). See section 5(6) of Act 175 in the appendix to this title for special provisions relating to applicability.

Equitable Distribution Proceedings.  Section 1 of Act 4 of 2005 provided that subsec. (c) shall apply to all equitable distribution proceedings pending on or after the effective date of section 1.

Notes of Decisions
Cited in 125 cases (20 in the last 5 years), 1991–2026 · leading case: Smith v. Smith, 938 A.2d 246 (Pa. 2007).
Sort: Relevance Newest Treatment
Smith v. Smith, 938 A.2d 246 (Pa. 2007). · cites it 33× “The benefit to which the coverture fraction is applied shall include all postseparation enhancements up to a date as close to the time of trial as reasonably possible except for enhancements arising from postseparation monetary contributions made by the employee spouse,…”
Childress v. Bogosian, 12 A.3d 448 (Pa. Super. Ct. 2011). · cites it 7× “23 Pa.C.S. § 3501(a.l). Moreover, section 3501(a)(1) provides: “marital property” means all property acquired by either party during the marriage and the increase in value of any nonmarital property acquired .”
U.S. Bank Nat'l Ass'n Ex Rel. Pennsylvania Hous. Fin. Agency v. Watters, 163 A.3d 1019 (Pa. Super. Ct. 2017). · cites it 3× “That statute states that “all property acquired by either party during the marriage” is “marital property,” 23 Pa.C.S. § 3501(a), and that such property shall be equitably divided by the court if a request to do so is made in a divorce proceeding, id.”
Nagle v. Nagle, 799 A.2d 812 (Pa. Super. Ct. 2002). · cites it 5× “¶ 19 The definition of marital property is found in 23 Pa.C.S. § 3501 which provides in relevant part that marital property includes "all property acquired by either party during the marriage, including the increase in value, prior to the date of final separation, of any…”
Morgante, S. v. Morgante, K., 119 A.3d 382 (Pa. Super. Ct. 2015). · cites it 4× “Trial Court Opinion, 8/29/14, at 8 (citing 23 Pa.C.S. § 3501(c)). We agree. The record supports the trial court’s conclusion that the Master applied the cov-erture fraction.”
Focht v. Focht, 32 A.3d 668 (Pa. 2011). · cites it 6× “” 23 Pa.C.S. § 3501(a). The statute presumes that property acquired during the marriage is “marital.”
Perlberger v. Perlberger, 626 A.2d 1186 (Pa. Super. Ct. 1993). · cites it 4× “Consequently, she argues, the utilization of a marital asset for the formation of a post-separation asset establishes that asset as marital property.”
Mundy, T. v. Mundy, A., 151 A.3d 230 (Pa. Super. Ct. 2016). · cites it 2× “23 Pa.C.S. § 3501(a.l). Herein, the parties effectively stipulated to the appraised value of the real estate of $98,000, even though that amount was determined seven and one-half years prior to the final separation and twelve year's prior to the hearing on equitable distribution.”
Berry v. Berry, 898 A.2d 1100 (Pa. Super. Ct. 2006). · cites it 3× “§ 4302 and not as marital assets under 23 Pa. Cons.Stat.Ann. § 3501. Mother also maintains that the trial court erred in permitting Father’s income to be reduced by various items, which, she argues, are not within the purview of Pennsylvania Rule of Civil Procedure 1910.”
Fisher v. Fisher, 769 A.2d 1165 (Pa. 2001). · cites it 4× “He argues (1) that unvested stock options have no present value and may not be bought or sold and thus do not meet the statutory definition of "marital property" set forth in 23 Pa.C.S. § 3501(a) or "property" as defined by the law of Pennsylvania; (2) that, unlike pension…”
Harvey, C. v. Harvey, R., 167 A.3d 6 (Pa. Super. Ct. 2017). · cites it 2× “See 23 Pa.C.S. § 3501. 7 . We clarify the facts of Lowry , as follows.”
Gordon v. Gordon, 681 A.2d 732 (Pa. 1996). · cites it 4× “The rationale behind this holding is that the Divorce Code, 23 Pa.C.S. § 3501(a), excludes property acquired after separation from consideration as marital property.”
Show all 125 citing cases →
— 23 Pa. Cons. Stat. § 3501(4) — 1 case
Fuhr v. Fuhr, 4 Pa. D. & C.5th 372 (2008).
— 23 Pa. Cons. Stat. § 3501(a) — 50 cases
U.S. Bank Nat'l Ass'n Ex Rel. Pennsylvania Hous. Fin. Agency v. Watters, 163 A.3d 1019 (Pa. Super. Ct. 2017). “That statute states that “all property acquired by either party during the marriage” is “marital property,” 23 Pa.C.S. § 3501(a), and that such property shall be equitably divided by the court if a request to do so is made in a divorce proceeding, id.”
Bower v. Bower, 611 A.2d 181 (Pa. 1992).
Smith v. Smith, 938 A.2d 246 (Pa. 2007). “The benefit to which the coverture fraction is applied shall include all postseparation enhancements up to a date as close to the time of trial as reasonably possible except for enhancements arising from postseparation monetary contributions made by the employee spouse,…”
Perlberger v. Perlberger, 626 A.2d 1186 (Pa. Super. Ct. 1993). “Consequently, she argues, the utilization of a marital asset for the formation of a post-separation asset establishes that asset as marital property.”
Berrington v. Berrington, 598 A.2d 31 (Pa. Super. Ct. 1991).
— 23 Pa. Cons. Stat. § 3501(a)(1) — 9 cases
Childress v. Bogosian, 12 A.3d 448 (Pa. Super. Ct. 2011). “23 Pa.C.S. § 3501(a.l). Moreover, section 3501(a)(1) provides: “marital property” means all property acquired by either party during the marriage and the increase in value of any nonmarital property acquired .”
Yuhas v. Yuhas, 79 A.3d 700 (Pa. Super. Ct. 2013).
Habbyshaw v. Commonwealth, Dep't of Transp., Bureau of Driver Licensing, 683 A.2d 1281 (Pa. Commw. Ct. 1996).
In re Firearms, Eleven, 922 A.2d 906 (Pa. Super. Ct. 2007).
McGrath, M. v. McGrath, V. (Pa. Super. Ct. 2016).
— 23 Pa. Cons. Stat. § 3501(a)(2) — 1 case
Laudig v. Laudig, 624 A.2d 651 (Pa. Super. Ct. 1993).
— 23 Pa. Cons. Stat. § 3501(a)(3) — 13 cases
Strauss v. Strauss, 27 A.3d 233 (Pa. Super. Ct. 2011).
Gordon v. Gordon, 647 A.2d 530 (Pa. Super. Ct. 1994).
In re Firearms, Eleven, 922 A.2d 906 (Pa. Super. Ct. 2007).
Barnes, C. v. Barnes, N. (Pa. Super. Ct. 2022).
Goodwin, J. v. Goodwin, S., Aplt. (Pa. 2022).
— 23 Pa. Cons. Stat. § 3501(a)(4) — 12 cases
Nagle v. Nagle, 799 A.2d 812 (Pa. Super. Ct. 2002). “¶ 19 The definition of marital property is found in 23 Pa.C.S. § 3501 which provides in relevant part that marital property includes "all property acquired by either party during the marriage, including the increase in value, prior to the date of final separation, of any…”
Smith v. Smith, 938 A.2d 246 (Pa. 2007). “The benefit to which the coverture fraction is applied shall include all postseparation enhancements up to a date as close to the time of trial as reasonably possible except for enhancements arising from postseparation monetary contributions made by the employee spouse,…”
Dietz v. Dietz, 436 S.E.2d 463 (Va. Ct. App. 1993).
Fisher v. Fisher, 769 A.2d 1165 (Pa. 2001). “He argues (1) that unvested stock options have no present value and may not be bought or sold and thus do not meet the statutory definition of "marital property" set forth in 23 Pa.C.S. § 3501(a) or "property" as defined by the law of Pennsylvania; (2) that, unlike pension…”
Gordon v. Gordon, 681 A.2d 732 (Pa. 1996). “The rationale behind this holding is that the Divorce Code, 23 Pa.C.S. § 3501(a), excludes property acquired after separation from consideration as marital property.”
— 23 Pa. Cons. Stat. § 3501(a)(6) — 1 case
Horner v. Horner, 747 A.2d 337 (Pa. 1997).
— 23 Pa. Cons. Stat. § 3501(a)(7) — 3 cases
U.S. Bank Nat'l Ass'n Ex Rel. Pennsylvania Hous. Fin. Agency v. Watters, 163 A.3d 1019 (Pa. Super. Ct. 2017). “That statute states that “all property acquired by either party during the marriage” is “marital property,” 23 Pa.C.S. § 3501(a), and that such property shall be equitably divided by the court if a request to do so is made in a divorce proceeding, id.”
Scholl v. Scholl (In Re Scholl), 234 B.R. 636 (Bankr. E.D. Pa. 1999).
Fielding v. Fielding, 685 A.2d 178 (Pa. Super. Ct. 1996).
— 23 Pa. Cons. Stat. § 3501(a)(8) — 10 cases
Focht v. Focht, 32 A.3d 668 (Pa. 2011). “” 23 Pa.C.S. § 3501(a). The statute presumes that property acquired during the marriage is “marital.”
Moore v. Moore, 710 A.2d 633 (Pa. Super. Ct. 1998).
Yuhas v. Yuhas, 79 A.3d 700 (Pa. Super. Ct. 2013).
Nuhfer v. Nuhfer, 599 A.2d 1348 (Pa. Super. Ct. 1991).
Budnick v. Budnick, 615 A.2d 80 (Pa. Super. Ct. 1992).
— 23 Pa. Cons. Stat. § 3501(b) — 11 cases
Nagle v. Nagle, 799 A.2d 812 (Pa. Super. Ct. 2002). “¶ 19 The definition of marital property is found in 23 Pa.C.S. § 3501 which provides in relevant part that marital property includes "all property acquired by either party during the marriage, including the increase in value, prior to the date of final separation, of any…”
Perlberger v. Perlberger, 626 A.2d 1186 (Pa. Super. Ct. 1993). “Consequently, she argues, the utilization of a marital asset for the formation of a post-separation asset establishes that asset as marital property.”
Devlin v. City of Philadelphia, 862 A.2d 1234 (Pa. 2004).
MacAleer v. MacAleer, 725 A.2d 829 (Pa. Super. Ct. 1999).
Habbyshaw v. Commonwealth, Dep't of Transp., Bureau of Driver Licensing, 683 A.2d 1281 (Pa. Commw. Ct. 1996).
— 23 Pa. Cons. Stat. § 3501(c) — 13 cases
Smith v. Smith, 938 A.2d 246 (Pa. 2007). “The benefit to which the coverture fraction is applied shall include all postseparation enhancements up to a date as close to the time of trial as reasonably possible except for enhancements arising from postseparation monetary contributions made by the employee spouse,…”
Morgante, S. v. Morgante, K., 119 A.3d 382 (Pa. Super. Ct. 2015). “Trial Court Opinion, 8/29/14, at 8 (citing 23 Pa.C.S. § 3501(c)). We agree. The record supports the trial court’s conclusion that the Master applied the cov-erture fraction.”
Grothey, C. v. Grothey, T. (Pa. Super. Ct. 2016).
Bortz, T. v. Bortz, S. (Pa. Super. Ct. 2016).
Wynder v. Wynder, 22 Pa. D. & C.5th 417 (2011).
— 23 Pa. Cons. Stat. § 3501(c)(1) — 5 cases
Morgante, S. v. Morgante, K., 119 A.3d 382 (Pa. Super. Ct. 2015). “Trial Court Opinion, 8/29/14, at 8 (citing 23 Pa.C.S. § 3501(c)). We agree. The record supports the trial court’s conclusion that the Master applied the cov-erture fraction.”
Smith v. Smith, 938 A.2d 246 (Pa. 2007). “The benefit to which the coverture fraction is applied shall include all postseparation enhancements up to a date as close to the time of trial as reasonably possible except for enhancements arising from postseparation monetary contributions made by the employee spouse,…”
Lemmo, J. v. Lemmo, C. (Pa. Super. Ct. 2020).
Bortz, T. v. Bortz, S. (Pa. Super. Ct. 2016).
Martinez, A. v. Martinez, Sr., I. (Pa. Super. Ct. 2015).
— 23 Pa. Cons. Stat. § 3501(c)(2) — 2 cases
Smith v. Smith, 938 A.2d 246 (Pa. 2007). “The benefit to which the coverture fraction is applied shall include all postseparation enhancements up to a date as close to the time of trial as reasonably possible except for enhancements arising from postseparation monetary contributions made by the employee spouse,…”
Washington, S. v. Hamilton, H. (Pa. Super. Ct. 2018).
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