Equitable Distribution

HOW TRUSTS CAN PROTECT YOUR CHILD’S INHERITANCE IN THE EVENT OF DIVORCE

Nov 14, 2018

While it is unpleasant to think about, especially during the planning of a wedding which is focused on love, in today’s society nearly fifty (50%) percent of first marriages end in divorce Consequently, it is smart and in the best interest of all parties to be open and honest regarding the legal and financial consequences […]

Untimely Petition To Open And Modify Marital Settlement Agreement Due To Fraud Is Denied

Sep 26, 2018

Where wife filed an untimely petition to open and modify the parties’ marital settlement agreement, the trial court lacked authority to open the divorce decree due to intrinsic fraud and the question of whether intrinsic fraud existed was moot. The parties were married in 1976. Husband filed a divorce complaint in June 2009. The parties […]

Divorce and the Family Business – Triggering Event in Buy-Sell Agreements

Apr 19, 2018

Based on multiple studies and statistics, the sad truth is that divorce is virtually inevitable in any sizable family. Divorce can be a severe disruption to a family business, so as much advanced planning as possible should be done to minimize or, better yet, to avoid such disruptions. Buy-sell agreements should, but rarely do, cover […]

LIMITED PARTNERSHIP INTEREST NOT INCLUDED IN EQUITABLE DISTRIBUTION BECAUSE PARTNER’S INTEREST WAS TERMINATED IF THAT PERSON DIVORCED

Jan 18, 2018

In this divorce proceeding, husband’s interest in a limited partnership was not included in the division of property, because the partnership agreement contained a valid provision stating that a partner’s interest was terminated if that person divorced. Wife filed an action for dissolution of marriage. The parties were married in July 1999. They separated […]

EQUITABLE DISTRIBUTION ANALYSIS MUST CONSIDER THE TAX RAMIFICATIONS AND EXPENSES ASSOCIATED WITH THE SALE OF EACH MARITAL ASSET

Dec 27, 2017

The Pennsylvania Superior Court in an equitable distribution case ruled that the trial court did not err in adopting wife’s experts’ methodology in evaluating the parties’ transport business; however the court did err in failing to consider evidence related to the potential sale of the business before assigning the asset to husband. The parties were […]

SURVIVING SPOUSE IS REQUIRED TO OBTAIN CONSENT OF THE PERSONAL REPRESENTATIVE OF DECEASED SPOUSE TO WITHDRAW DIVORCE ACTION

Nov 29, 2017

Insurance beneficiary designation was not statutorily invalidated due to the pendency of a divorce proceeding between the insured decedent and named beneficiary. Colleen and Matthew Easterday cross-appealed from the order of the orphans’ court adjudicating the rights of the parties regarding pension and insurance benefits payable upon the death of decedent Michael Easterday. Decedent […]

LIMITED PARTNERSHIP INTEREST NOT INCLUDED IN EQUITABLE DISTRIBUTION BECAUSE PARTNER’S INTEREST WAS TERMINATED IF THAT PERSON DIVORCED

Nov 15, 2017

HIDING ASSETS IN A DIVORCE

Jul 13, 2017

Imagine that you win millions of dollars in a lottery. Your spouse did not have a ticket. A month after you win, you file for divorce. You never disclose that you won the money or the amount of your winnings. Read more… Well over a year after the divorce, your former spouse receives a letter […]

EQUITABLE DISTRIBUTION SHOULD CONSIDER THE EXPENSES AND TAXES OF A POTENTIAL SALE

Jul 11, 2017

In the family law, equitable distribution case of Carney v. Carney, PICS No. 17-0944 (Pa. Super. May 31, 2017), the Pennsylvania Superior Court ruled that the trial court erred in failing to consider evidence related to the potential sale of the parties’ successful trucking business before assigning the entire asset to husband as part of […]

The ABC’s of Divorce

Jun 13, 2017

Here are the ABC’s of how divorce works and why having a qualified, experienced Pa. divorce attorney is so important. How Divorce Works The process begins when one spouse files a complaint asking for a divorce. The one filing is the “plaintiff” while the other is the “defendant”. Either party can file for divorce as […]