Equitable

Earlier this year, Mark Ashton, a partner in our Chester County office, wrote about the Pennsylvania Supreme Court decision, Focht v. Focht. This case is significant because it overruled Pennsylvania’s prevailing caselaw addressing how to determine whether a lawsuit and personal injury settlement are marital or non-marital assets. The old law looked to the timing of when the proceeds were received as determinative of whether or not it was subject to equitable distribution. The Focht decision established that it was when the cause of action accrues which determines whether the eventual settlement proceeds or judgment are marital assets or not.

This decision was recently cited in the July denial of an appeal from a Northumberland County decision, Glosek v. Glosek, CV-2005-1695. 

Continue Reading Cases Citing Recent Decision as to When Lawsuit Proceeds Are Marital Begin to Roll In

The Pennsylvania Superior Court recently decided its first case addressing the allocation of frozen pre-embryos between divorcing spouses. The pre-embryos were created as part of the parties’ in vitro fertilization process shortly after wife was diagnosed with breast cancer and would likely be unable to reproduce after treatment. The appeal was brought by the husband from the trial court’s decision to award wife the thirteen (13) pre-embryos in equitable distribution. The parties in Reber v. Reiss (2012 PA Super 86; 2012 WL 1202039 (Pa.Super.))

 

Continue Reading Superior Court Upholds Distribution of Pre-Embryos in Equitable Distribution Case