Category: Equitable Distribution

Contracting Party Who Assumed Risk Could not Rescind Marital Settlement Agreement for Mutual Mistake

January 13, 2016 | Blog, Court Decisions, Equitable Distribution, Settlement

Icon for author Brian Vertz Brian Vertz

In Orris v. Orris, No. 340 WDA 2015 (September 30, 2015), a non-precedential decision, the husband and wife entered into a marital settlement agreement after Wife procured an appraisal of the timber rights associated with marital property. In the agreement, Husband surrendered the timber rights to Wife in exchange for the marital residence. Subsequently, after the divorce was finalized, Husband presented a petition to rescind the agreement on the grounds […]

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Post-Settlement Reconciliation Does Not Abrogate Settlement Agreement

January 13, 2016 | Blog, Court Decisions, Equitable Distribution

Icon for author Brian Vertz Brian Vertz

In Semulka v. Semulka, No. 1302 WDA 2014 (August 31, 2015), the Superior Court in a non-precedential opinion considered whether a marital settlement agreement could be enforced after a former husband and wife reconciled their marriage, and then broke up again. More specifically, Husband and Wife signed an agreement after Wife filed a divorce action, and in that agreement, Husband was obligated to pay $40,000 cash to Wife in three […]

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Corporate Successor Not Marital Property Following Post-Sep Business Failure

There is often suspicion when a business that would be marital property fails shortly after marital separation, particularly if the owner spouse subsequently starts a new business.  This is the situation that the Superior Court addressed in its recent opinion, Weisman v. Weisman, Nos. 1471 EDA 2014 (July 14, 2015), a non-precedential decision. Husband was the founder of PRN Healthcare Services, a company that provided skilled and non-skilled nursing care in Montgomery […]

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Emotional Connection Does Not Guarantee Award of Marital Residence

According to the old saying, “possession is nine-tenths of the law.” Perhaps that’s true in some context, but in a Pennsylvania divorce decision that was recently published by the Superior Court, possession of a marital home during separation did not dictate the outcome.  In Markle v. Markle, No. 968 WDA 2014 (June 22, 2015)(non-precedential), the marital home was occupied by the wife during the separation period.  During the master’s hearing on […]

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