Tag: premarital

Gains on Invested VA Disability Benefits are Marital Property

May 03, 2012 | Court Decisions, Equitable Distribution

Icon for author Brian Vertz Brian Vertz

The Superior Court this week heard the plea of a Vietnam Veteran who argued that the increase in value of his VA benefits, which had been deposited into an investment portfolio prior to marriage, should retain the exempt character of the underlying VA benefits, which may not be divided in equitable distribution. One cannot imagine a fact pattern more perfect than that Goodemote v. Goodemote, 2012 PA Super 94 (May 1, 2012). […]

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Tracing Nonmarital Property

December 12, 2011 | Court Decisions, Equitable Distribution, Marital Property

Icon for author Brian Vertz Brian Vertz

A recent Superior Court decision, Childress v. Bogosian, 2011 WL 61616 (2011), illustrates the challenge of tracing nonmarital property in divorce. Under Pennsylvania law, the property owned by a spouse prior to marriage, or acquired by gift or inheritance during the marriage, or acquired after separation, is generally nonmarital property if it has not been converted into marital property by re-titling it in joint names. Still, the law creates a […]

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Exclusive Possession of Marital Residence

July 07, 2010 | Divorce, Marital Property

Icon for author Brian Vertz Brian Vertz

A thorny issue that arises early in many divorce proceedings is the question of who may live in the marital residence during the separation period. Generally speaking, the courts will not evict either spouse from the marital residence during separation if they are living together peacefully and have not voluntarily moved away. This principle leads some devious spouses to seek questionable or even fraudulent protection from abuse (PFA) orders. Spouses who […]

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Credit Cards and Divorce

June 26, 2010 | Divorce

Icon for author Brian Vertz Brian Vertz

Divorcing spouses often ask me about credit card debts and loans. While a divorce court may assign responsibility for paying credit card debts and loans that were incurred during the marriage, the court generally lacks jurisdiction over the creditors. In other words, the divorce court cannot force the credit card issuer to collect from one particular spouse if both spouses were cardholders. If both spouses’ names are on the credit […]

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