Legal Question in Family Law in Pennsylvania

Re: Separation and Family Assett

Hello. I will attempt to respond to your questions in the order asked:

1. Under the Pa Divorce Code, Section 104 (3103) separation dates from the day and time spouses began a "complete cessation of any and all cohabitation, whether living in the same residence or not." If you and your wife stopped living together as husband and wife from the date of the order, that would be the date of separation. The order by itself, without the actual fact of the separation, would not create a separation date for divorce purposes.

2.Alimony/spousal support: a court may consider many factors in deciding upon the amount and duration of an alimony order. The court will sometimes order the payment of tuition or training for one spouse if it determines that the relative incomes, educations and circumstances of the spouses require that the wife receive the opportunity to achieve skills necessary to obtain employment. This is frequently the case where a non-earning spouse's contribution of homemaking resulted in the other spouses achieving a higher earning capacity. This would have to be evaluated by your attorney in order to obtain advice specific to yourself.

3. Marital property: Generally speaking, marital property includes all property acquired from the date of the marriage to the date of separation. This includes the increase in value on property brought into the marriage.

4. Division of assets. If spouses enter into an agreement on the division of the marital assets, provided that there is full disclosure of the assets between the parties, they should enter into a written agreement through their attorneys to protect individual assets thereafter from claims of one spouse against the other.

5 & 6. Generally, in alimony matters, each spouse is assigned an "earning capacity" based upon many factors including education, experience, employment history, health, age, etc. Proof in each case will depend upon the individual circumstances. For some cases, professional evaluators are employed.

7. One of the many factors considered in determining relative earning capacity is the physical conditions of the parties, so diabetes would be a factor, though to what extent would depend upon the individual facts of the case.

I wish you the best.

Ilene Young

Notice: Nothing in this email is intended to or does establish an attorney client relationship, nor should the information in this email be taken as individual legal advice. It is intended as an informational response to inquiry only.