3502 - Equitable division of marital property.

     § 3502.  Equitable division of marital property.        (a)  General rule.-- Upon the request of either party in an     action for divorce or annulment, the court shall equitably     divide, distribute or assign, in kind or otherwise, the marital     property between the parties without regard to marital     misconduct in such percentages and in such manner as the court     deems just after considering all relevant factors. The court may     consider each marital asset or group of assets independently and     apply a different percentage to each marital asset or group of     assets. Factors which are relevant to the equitable division of     marital property include the following:            (1)  The length of the marriage.            (2)  Any prior marriage of either party.            (3)  The age, health, station, amount and sources of        income, vocational skills, employability, estate, liabilities        and needs of each of the parties.            (4)  The contribution by one party to the education,        training or increased earning power of the other party.            (5)  The opportunity of each party for future        acquisitions of capital assets and income.            (6)  The sources of income of both parties, including,        but not limited to, medical, retirement, insurance or other        benefits.            (7)  The contribution or dissipation of each party in the        acquisition, preservation, depreciation or appreciation of        the marital property, including the contribution of a party        as homemaker.            (8)  The value of the property set apart to each party.            (9)  The standard of living of the parties established        during the marriage.            (10)  The economic circumstances of each party at the        time the division of property is to become effective.            (10.1)  The Federal, State and local tax ramifications        associated with each asset to be divided, distributed or        assigned, which ramifications need not be immediate and        certain.            (10.2)  The expense of sale, transfer or liquidation        associated with a particular asset, which expense need not be        immediate and certain.            (11)  Whether the party will be serving as the custodian        of any dependent minor children.        (b)  Lien.--The court may impose a lien or charge upon     property of a party as security for the payment of alimony or     any other award for the other party.        (c)  Family home.--The court may award, during the pendency     of the action or otherwise, to one or both of the parties the     right to reside in the marital residence.        (d)  Life insurance.--The court may direct the continued     maintenance and beneficiary designations of existing policies     insuring the life or health of either party which were     originally purchased during the marriage and owned by or within     the effective control of either party. Where it is necessary to     protect the interests of a party, the court may also direct the     purchase of, and beneficiary designations on, a policy insuring     the life or health of either party.        (e)  Powers of the court.--If, at any time, a party has     failed to comply with an order of equitable distribution, as     provided for in this chapter or with the terms of an agreement     as entered into between the parties, after hearing, the court     may, in addition to any other remedy available under this part,     in order to effect compliance with its order:            (1)  enter judgment;            (2)  authorize the taking and seizure of the goods and        chattels and collection of the rents and profits of the real        and personal, tangible and intangible property of the party;            (3)  award interest on unpaid installments;            (4)  order and direct the transfer or sale of any        property required in order to comply with the court's order;            (5)  require security to insure future payments in        compliance with the court's order;            (6)  issue attachment proceedings, directed to the        sheriff or other proper officer of the county, directing that        the person named as having failed to comply with the court        order be brought before the court, at such time as the court        may direct. If the court finds, after hearing, that the        person willfully failed to comply with the court order, it        may deem the person in civil contempt of court and, in its        discretion, make an appropriate order, including, but not        limited to, commitment of the person to the county jail for a        period not to exceed six months;            (7)  award counsel fees and costs;            (8)  attach wages; or            (9)  find the party in contempt.        (f)  Partial distribution.--The court, upon the request of     either party, may at any stage of the proceedings enter an order     providing for an interim partial distribution or assignment of     marital property.     (Nov. 29, 2004, P.L.1357, No.175, eff. 60 days)        2004 Amendment.  Act 175 amended subsec. (a) and added     subsec. (f). See section 5(8) and (9) of Act 175 in the appendix     to this title for special provisions relating to applicability.