Category: Marital Property

3 Tips for Preserving Your Premarital Assets

No bride or groom walks down the aisle thinking about the day of the divorce. Sadly, however, statistics from the National Center for Health and Statistics, which tracks national data for marriages and divorces, show marriage does not always get the fairy tale ending. As Pittsburgh asset protection attorneys and prenuptial lawyers working with couples through divorce and estate planning we have an intricate understand of how advance planning may […]

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Do I Need a Prenuptial Agreement?

Quite often, soon-to-be-married individuals casually address lawyer friends at social events and cocktail parties wondering this very question. They are in love; they almost don’t want to think about it, but the nagging question makes them wonder — and with good reason. The answer — it depends. Here are five circumstances our Pittsburgh asset protection attorneys have found where a prenuptial agreement may be right for you: If you already […]

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Who Gets the Dog (or Cat) in a Pennsylvania Divorce?

November 20, 2017 | Child Custody, Divorce, Legal Perspective, Marital Property

Icon for author Candice Komar Candice Komar

It is a sad fact the law has not kept pace with the level of attention, money and emotional investment our society has poured into our pets. Pittsburgh family law attorneys will tell you in Pennsylvania divorces, pets are treated merely as property. No best interest analysis is conducted, nor any other process close that could render effectively looking after the welfare of a pet. Indeed, no provision in the […]

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Why Should I Consider Estate Planning During a Divorce?

October 31, 2017 | Divorce, Estate Planning, Legal Perspective, Marital Property

Icon for author Candice Komar Candice Komar

Often when clients are progressing through their divorce, it is overwhelming enough to handle the custody, support, asset division and valuation issues, let alone estate issues. All too often during these emotionally charged times, clients request their divorce lawyers to set aside any estate concerns until after the final settlement order of court dividing the assets is entered, which may take a while. Is it worth revising your will while […]

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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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