In 1980 Pennsylvania revised its 1929 Divorce Code and for the first time allowed post divorce alimony. It was a tough legislative battle with conservative forces professing concern that divorce
Continue Reading Alimony & the Cohabitation Dilemmacohabitation
A 21st Century Visit to the Alimony Bar
When drafted and adopted as law in the 1980 Divorce Code, Section 706 (now 3706) was disarmingly simple. It said,
706. Bar to alimony
No petitioner is entitled to …
Continue Reading A 21st Century Visit to the Alimony BarADVICE TO PSYCHOLOGISTS: TAKE TWO ASPIRIN AND CALL THE LAWYER IN THE MORNING
Part 1 of 2
After a recent meeting, my colleague Julie Manser and I were discussing what it must be like to be a mental health practitioner in an age…
Continue Reading ADVICE TO PSYCHOLOGISTS: TAKE TWO ASPIRIN AND CALL THE LAWYER IN THE MORNING
Cohabitation and Unmarried Couples – Practical Tips (Part 2/2)
Last month we discussed a few issues that couples should consider when they begin to live together, but don’t plan to or anticipate getting married very soon. This month, we will look at some other important life decisions which may have a huge impact on people’s lives and relationships:Continue Reading Cohabitation and Unmarried Couples – Practical Tips (Part 2/2)
Cohabitation and Unmarried Couples – Practical Tips (Part 1/2)
As the national divorce rate for new marriages hovers around 50%, couples living together before marriage or in lieu of marriage is an increasingly routine arrangement. Media coverage has played a part by confirming what many people knew anecdotally: that people are choosing to live together as a committed couple without ever getting married.
What is also increasing in frequency and necessity is for cohabitating couples to be proactive in laying the legal groundwork for how they plan to live together, acquire or pay for assets, and how they should disentangle themselves from such arrangements in the event that they break-up. It can be a difficult conversation to have – no less difficult than one party asking the other for a pre-nuptial agreement – and the introduction of real world considerations may burst the romantic bubble for some, but the risks are real and people’s lives change – the boyfriend with a steady paycheck has gone back to school and is unable to pay half the mortgage; your girlfriend can not afford her to contribute to household expenses when she loses her job; you have a child together.
The ease of cohabitation without the apparent messiness or seemingly permanence of marriage can actually create a larger quagmire of difficulty if the relationship ends. If you are considering cohabitating with your partner, there are a few things worth considering:
Continue Reading Cohabitation and Unmarried Couples – Practical Tips (Part 1/2)
Cohabitation Does Not Always Lead to Happy Marriages
Advising individuals as to how to handle their cohabitation with a significant other is becoming an increasingly important aspect of my practice. There are many studies, theories, and myths as to the impact (positive or negative) on whether cohabitating before marriage is beneficial or detrimental to a marriage. A recent New York Times article addresses this very issue and finds that the results from a study by the National Marriage Project at the University of Virginia indicate that those who cohabit are less satisfied with their marriages.Continue Reading Cohabitation Does Not Always Lead to Happy Marriages
Co-habitation Discount on Alimony Pendente Lite Award
The common understanding of an alimony pendete lite (or “APL”) award is that it is a relatively strict economic analysis based on incomes. Due in large part to the prominent reference…
Continue Reading Co-habitation Discount on Alimony Pendente Lite Award
FOR LOVE OR MONEY
As practitioners we advise clients that if they cohabit after they have been divorced they will most likely not receive alimony. 23 Pa.C.S.A. § 3706 provides that, “no Petitioner is entitled to …
“IS IT TRUE THAT I WILL BE DIVORCED 90 DAYS AFTER I FILE?” and “WHAT’S A LEGAL SEPARATION?”
Ask any divorce lawyer in Pennsylvania to specify the two most common questions he or she might encounter in an initial interview and the answer will inevitably include one or …
DATE OF SEPARATION – TOUGH TO DEFINE
As practitioners, clients often ask us about filing for a "Legal Separation". While Pennsylvania does recognize the term, the "factual" date of separation may be important in valuing assets (non-marital assets…