Equitable Distribution

The Present Value Of Vested Defined Benefit Pension Marital Assets Is To Be Used For Equitable Distribution Purposes

Jul 21, 2015

In the equitable distribution, family law, divorce case of Lucas v. Daum, PICS Case No. 15-1019 (Pa. Super, June 15, 2015) the Honorable Mary Jane Bowes, writing on behalf of the Pennsylvania Superior Court, ruled that because both husband’s and wife’s pensions had vested, it was error for the master to value the parties’ contributions […]

Court Confirms Award Of Arbitration Setting The Value And Equitable Distribution Of Marital Business Asset

Jul 01, 2015

In the family law, equitable distribution, matrimonial case of Hetherington v. Molinaro, App. Div. 20-2-6897, the defendant appealed from the trial court’s confirmation of two arbitration awards, one setting the termination date of the marriage and the other setting the value and equitable distribution of a business formed and operated by plaintiff during the marriage. […]

Trial Court’s Determination of Equitable Distribution Could Only be Reversed Upon Showing of an Abuse of Discretion

Apr 16, 2015

In the family law, equitable distribution, divorce case of Hocker v. Hocker, PICS Case No. 15-0365 (Pa. Super. March 4, 2015) the Honorable Jacqueline O. Shogan, writing on behalf of the Pennsylvania Superior Court held that the court ruled that the trial court did not err in failing to account for marital debts being paid […]

Equitable Distribution Order Was Enforced Because The Trial Court Proceeding Was Profoundly Flawed And No Objections Were Made.

Dec 16, 2014

In the equitable distribution appellate case of Tecce v. Hally, PICS Case No. 14-1924 (Pa. Super, Nov. 21, 2014) the Honorable David N. Wecht, writing on behalf of the Pennsylvania Superior Court, ruled that the trial court hearing that granted an order to enforce an equitable distribution order was profoundly flawed as to the taking […]

Wife is Prohibited From Offering any Statements Made by Decedent to Establish Common Law Marriage and Letters of Administration Were Granted to Third Party

Nov 24, 2014

In the common law marriage case of In Re Viah, PICS Case No. 14-1594 (C.P. Lawrence, Sept. 8, 2014), the Honorable John W. Hodge denied petitioner appeal of grant of letters of administration to a third party by attempting to introduce testimony supporting her contention that she and decedent were common-law husband and wife. Respondent, […]

Wife Cannot Delay Payment to Husband of His Share of Marital Home Until the Sale of the Marital Residence or Death

Sep 03, 2014

In the appellate equitable distribution case of Dean v. Dean PICS No. 14-1304 (Pa. Super. Aug. 13, 2014), the Honorable David N. Wecht, writing on behalf of The Pennsylvania Superior Court ruled that the trial court erred in permitting wife to delay husband’s payment until the sale of the marital residence or her death, as […]

Closure of Business Was Not a Change of Circumstances Requiring Modification of Alimony and Equitable Distribution Obligations

Jun 10, 2014

In the family law, alimony and equitable distribution case of Carnevale v. Carnevale, 20-2-3207, App. Div. March 14, 2014 the husband/defendant appealed the order of the Family Part denying his notion for a reduction of his alimony and equitable distribution obligations. In his motion, defendant argued that the decline of his business, Darosa, Inc. and […]

Spouse Must Produce Evidence of Conspiracy to Hide Marital Assets

Jun 09, 2014

In the family law, equitable distribution case of Khan vs. Vayn, PICS Case No. 14-0296,(E.D. PA, February 11, 2014) the Honorable J. Curtis Joyner granted defendant wife’s motion for summary judgment to husband’s complaint that wife conspired with third party to hide marital assets or property for purpose of equitable distribution. Husband and wife owned […]

Opponent’s Default in Divorce Case No Advantage in Equitable Division of Marital Assets

Feb 27, 2014

A New Jersey family court judge has issued a warning to spouses who win divorce by default: You can’t always get what you want when it comes to division of marital assets. Ocean County Superior Court Judge Lawrence Jones held in a published decision released Feb. 12th that judges must still engage in fact-finding to […]

The Surviving Spouse May Elect to Discontinue the Divorce Proceedings

Feb 19, 2014

This case is a clear example of when a family law attorney needs to understand the rights of a surviving spouse of a deceased spouse including the right to elect against his/her will, rights to spousal benefits in his/her spouse’s private pension benefits, the rights to inherit jointly held property, spousal social security benefits etc. […]