The value of a spouse’s share of marital property and the income it generates, the income and earning capacity of each spouse, and the reasonable budgetary needs – these factors remain the most influential in Pennsylvania alimony cases.
Tag: equitable distribution
A recently-issued IRS ruling (Rev.Rul.2008-41) addressed the issue of whether a charitable remainder annuity trust (CRAT) or charitable remander unitrust (CRUT) can be divided into two equal trusts upon divorce. A charitable remainder annuity trust is a trust in which the grantor receives income in the form of an annuity payment until his or her death, after which the trust principal is donated to charity. The annuity may not be […]
The Supreme Court of North Dakota has been asked to decide whether breast implants should be identified as marital property and valued for divorce purposes.
Here is an interesting issue, not yet resolved by the Pennsylvania courts: whether the proceeds of a life insurance death benefit may be counted as a marital asset. Here’s the story: Let’s say that husband and wife are separated, and one of them dies. If the grounds for divorce existed prior to the death (i.e., both spouses filed their affidavits of consent, or they were separated two years prior to the death), the divorce […]