Since the inception of equitable distribution in Pennsylvania on July 1, 1980 the law has consistently been that courts have power to divide marital property. With certain exceptions for gifts
Continue Reading ASSET OR INCOME; THE DISABILITY POLICY CONUNDRUM
marital property
ARE PERSONAL INJURY CLAIMS MARITAL PROPERTY? AN OLD QUESTION REVISITED?
In a case decided late last year the Pennsylvania Supreme Court visited an old and persistently nagging question. Are personal injury settlements marital property where the injury occurred before separation but the trial or settlement of the claim occurred afterward?
In Focht v. Focht, the husband was injured at a raceway in Leesport, PA in April, 1999. He and his wife retained counsel shortly after the injury with the wife raising a claim for loss of the consortium of her husband (i.e, his services as a spouse). A divorce action was initiated in early 2004. The personal injury cases ultimately settled later that year for a gross value just over $400,000.
Continue Reading ARE PERSONAL INJURY CLAIMS MARITAL PROPERTY? AN OLD QUESTION REVISITED?
HOW WILL THE COURT VALUE YOUR BUSINESS?
In this changing economy, how will the courts value your business? Will the Court use the date you separated from your spouse or the date that the assets and debts are…