premarital

Gains on Invested VA Disability Benefits are Marital Property

by bvertz on May 3, 2012

The Superior Court this week heard the plea of a Vietnam Veteran who argued that the increase in value of his VA benefits, which had been deposited into an investment portfolio prior to marriage, should retain the exempt character of the underlying VA benefits, which may not be divided in equitable distribution. One cannot imagine [...]

Tracing Nonmarital Property

December 12, 2011 Court Decisions

A recent Superior Court decision, Childress v. Bogosian, 2011 WL 61616 (2011), illustrates the challenge of tracing nonmarital property in divorce. Under Pennsylvania law, the property owned by a spouse prior to marriage, or acquired by gift or inheritance during the marriage, or acquired after separation, is generally nonmarital property if it has not been [...]

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Exclusive Possession of Marital Residence

July 7, 2010 Divorce

A thorny issue that arises early in many divorce proceedings is the question of who may live in the marital residence during the separation period. Generally speaking, the courts will not evict either spouse from the marital residence during separation if they are living together peacefully and have not voluntarily moved away. This principle leads some [...]

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Credit Cards and Divorce

June 26, 2010 Divorce

Divorcing spouses often ask me about credit card debts and loans. While a divorce court may assign responsibility for paying credit card debts and loans that were incurred during the marriage, the court generally lacks jurisdiction over the creditors. In other words, the divorce court cannot force the credit card issuer to collect from one [...]

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USA Today Says Prenups are “In”

April 8, 2010 Prenuptial Agreements

An article published recently in USA Today reports that prenuptial agreements are more acceptable today to couples who are engaged than at any time in the past. Nearly one-third of single adults say they would ask a significant other to sign a prenup, according to a February survey of 2,323 adults by Harris Interactive. Only [...]

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Tiger Woods Elin Nordegren Renegotiating Prenup? Why?

December 4, 2009 Family Law News

By letting the media firestorm subside, Woods might be able to preserve his valuable sponsorships, at least for a while. Given the stakes, wouldn’t it make sense to throw a little money her way?

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