Category: Equitable Distribution

Husband’s Divorce Settlement Forecloses Action by His Corporation Against Wife

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 corporation against Wife, thereby abrogating the release that Husband gave her in his marital settlement agreement. Husband and Wife were each 50% owners and officers of a corporation formed during the marriage to operate motels in […]

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Concealed Oil and Gas Rights Are Marital Property Subject to Equitable Distribution

A recent unpublished decision of the Superior Court of Pennsylvania confirms that oil and gas rights, not disclosed in the discovery or inventories of the divorcing spouses, nevertheless must be considered when dividing marital property in equitable distribution. In Welsh v. Welsh, No. 237 WDA 2012 (June 19, 2013), the Superior Court affirmed the decision of the Washington County judge. In that case, husband and wife filed inventories in which […]

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Double Dip Prohibited in Divorce: IRA Edition

A recurring issue in divorce litigation is the treatment of marital assets that generate income, such as pensions, rental real estate and businesses. Pennsylvania case law establishes clearly that these assets can be divided as property in equitable distribution or counted as income for alimony, but not both. A recent decision published by Adams County Judge Robert G. Bigham applies this law and logic to IRA distributions, in Sealander v. […]

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Protecting Assets in Divorce

One of the first issues that spouses may encounter during a marital separation is the problem of protecting assets, particularly bank accounts, investments, personal property, and cash. There is a natural tendency toward mistrust at the beginning of a divorce case, which can lead to paranoia or  reckless misdeeds if it is not handled properly. These tips can help to avoid stressful conflict during marital separation: 1. Start a new […]

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In Divorce, Judges Won’t Do Pots and Pans

May 26, 2012 | Divorce, Equitable Distribution, Legal Perspective

Icon for author Brian Vertz Brian Vertz

Whether you were married two years or twenty-five, chances are that you and your spouse have accumulated a lot of “stuff” – furniture, rugs, dishes, knick-knacks, pots and pans. When you separate or divorce, that stuff has to be divided. As you might imagine, no judge or hearing officer wants to spend hours hearing about your pots and pans, their value, and who got them. Here are some principles that […]

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Gains on Invested VA Disability Benefits are Marital Property

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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