Equitable Distribution

MARITAL SETTLEMENT AGREEMENT

Jan 24, 2017

After plaintiff initiated this action for divorce, the parties attempted to negotiate a marital settlement agreement. After six months, the case came before a matrimonial early settlement panel. After several hours of conferencing and negotiations, the parties and counsel signed a matrimonial settlement agreement (“MSA”). According to plaintiff, subsequent to the divorce hearing, his counsel […]

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MARITAL EQUITY OF PREMARITAL HOME IS SPOUSE’S EQUITY AT THE TIME OF THE MARRIAGE; NOT THE PURCHASE PRICE

Jan 18, 2017

In the family law, equitable distribution case of Mundy vs. Mundy, PICS Case No. 16-1484 (Pa. Super. Nov 16, 2016) the Honorable Mary Jane Bowes, writing behalf of the Pennsylvania Superior Court, ruled that the trial court erred when calculating the marital equity in a home which was originally a non-marital asset in using the […]

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WIFE IS ENTITLED TO A PLENARY HEARING THAT SHE SIGNED THE PROPERTY SETTLEMENT AGREEMENT UNDER MISTAKE, FRAUD OR DURESS

Oct 28, 2016

After 10 years of marriage, the parties signed a property settlement agreement and were divorced. Defendant, the former wife, signed the PSA, which had been prepared by the attorney for plaintiff, her husband, when she was not represented by her own attorney. The PSA provided, among other things, that defendant waived alimony and equitable distribution […]

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DIVORCE SETTLEMENT AGREEMENT BETWEEN HUSBAND AND WIFE WITHOUT ATTORNEYS IS ENFORCEABLE: Equitable Distribution

Oct 20, 2016

In the family law, equitable distribution case of CFP V. REP Jr. PICS Case No. 16-0842 (C.P. Lycoming June 22, 2016) the Honorable Joy Reynolds  McCoy granted Wife’s petition to enforce property settlement agreement in that the court determined had the force of a contract. On September 19, 2014, plaintiff CFP filed for divorce from […]

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Don’t Let Divorce Derail Your Retirement Plans

May 26, 2016

Divorce is never easy, but the divorce of a long-married couple can be especially hard, particularly when it comes to retirement and estate plans. Assets, including retirement accounts, can be hard to divide, and the presence of children—and possibly grandchildren—can require the wholesale revision of existing estate plans. If you’re divorcing or moving on to […]

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Home Purchased in Contemplation of Marriage is Subject to Equitable Distribution Divorce

May 24, 2016

In the family law, equitable distribution divorce case of Zamorsky v Zamorsky, 20-2-4869, App. Div. the plaintiff appeals from the provisions of a final dual judgment of divorce, contending that the court erred in including the former marital home as a marital asset subject to equitable distribution, the distribution percentage of the home’s value awarded […]

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The Statute of Limitations Barrs the Enforcement of Equitable Distribution Agreement

May 12, 2016

In the appellate family law, equitable distribution case of K.A.R. v. T.G.L., PICS Case No. 14-2113, (Pa. Super. Dec. 23, 2014), the Honorable Paula Francisco Ott, writing on behalf of the Pennsylvania, Superior Court, ruled that the explicit terms of the parties’ equitable distribution agreement established a finite date and specific amount that husband was […]

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Competent Spouse Cannot Proceed in a Divorce Proceeding Through a Power of Attorney

Mar 24, 2016

The family law, divorce case of Marsico v. Marsico, DOS no 20-4-4566, (July 15, 2014) presents the novel question of whether a litigant may appear and testify in divorce proceedings through a designated power of attorney (POA). Plaintiff and defendant are octogenarians, aged 80 and 84, respectively. They wed in 1978. The parties have no […]

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Equitable Remedies: Ex-Spouse Granted Power Of Attorney To List And Sell Family Home When Party In Possession Refuses To Remove Ex-Spouse From Mortgage

Feb 16, 2016

In the family law, Equitable Remedies, equitable distribution case of L.H. v. D.H., 20-4-8482, Chancery Div. Family Part, the court found that when a party in possession of the former marital home failed to refinance the mortgage so as to remove the ex-spouse’s name from the mortgage note, as agreed to in their settlement agreement, […]

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A Completed, Executed Marital Property Settlement Agreement Found On The Internet Ruled To Be A Valid And Enforceable Agreement

Jan 22, 2016

In the equitable distribution, family law case of Zandrowicz v. Zandrowicz, PICS Case No. 15-2015 (C. P. Monroe, June 24, 2015), the Honorable Jennifer Harlacher Sibum ruled that the terms of Marital Property Settlement Agreement completed with an online form valid and enforceable. Plaintiff Robert Zandrowicz and defendant Agnieszka Zandrowicz were married on Nov. 20, […]

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