Couples who have settled their divorce in Pennsylvania may recall that divorce settlement agreements are final and enforceable only if there has been a full and fair disclosure of marital assets. A recent decision of the...
Equitable Distribution
En Banc: Superior Court Holds that Timing, Rather than Purpose, Determines Marital Nature of Disability Payments
November 5, 2013
An en banc panel of the Superior Court last month issued an important decision on the issue of whether disability payments should be characterized as marital property in the context of a divorce. In Yuhas v. Yuhas, 2013 PA...
Lopsided Equitable Distribution in Favor of Business Owner Vacated
November 5, 2013
Perhaps the recent non-precedential Superior Court opinion in Rice illustrates the hazard that is inherent when a business owner gives half of the stock and pays an equal salary to his spouse who does not actually work in the...
In-kind Distribution of Stock Disfavored by Divorce Court
September 8, 2013
A decision announced recently by the Supreme Court of Rhode Island, McCulloch v. McCulloch, 69 A.3d 810, illustrates why buyouts are generally favored over in-kind distributions of stock when dividing the value of family...
In Habjan v. Habjan, ___ A.2d ___ (Pa.Super.2013), the Superior Court was confronted with a question of whether to “pierce the corporate veil” by holding Husband responsible for a lawsuit initiated by his business...