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Divorce and Family Law Office of Joanne Kleiner

Amicable Divorce Attorney

Divorce

Mar 21

Is Alimony Available in Pennsylvania?

Alimony

If your marriage is in trouble and you are considering filing for divorce, one of your concerns, whether you are a working or stay-at-home spouse, is whether alimony will be part of the divorce decree. Though alimony is nowhere near as common as it used to be, with both spouses working in most marriages, the court still has the discretion to require that one party pay the other a monthly allowance, and that can take a number of forms.

The first thing to understand is that Pennsylvania makes a distinction between spousal support and alimony. Spousal support is paid before a divorce is final and alimony is paid after a divorce decree is entered. Spousal support can be ordered, even if no divorce complaint has been filed. Once a complaint is filed, the court typically enters an alimony pendent lite order, or alimony “while the divorce action is pending.”

The Criteria for Determining Whether Alimony is Warranted

In Pennsylvania, the courts will consider a number of factors to when making the decision whether to grant alimony, including:

  • The earning potential and capacity of both parties
  • The age and health of the parties
  • How long the parties have been married
  • The standard of living to which the parties were accustomed during the marriage
  • Any contribution that one party made to the earning capacity of the other—paying for college education or job training, for example
  • The relative assets and liabilities of the parties
  • The  contribution of a spouse as homemaker
  • Any marital misconduct or fault, such as infidelity

The Duration of Alimony in Pennsylvania

In general, the courts can order alimony for a specific period of time, with a designated end date, or until the court changes the order. Typically, an alimony order will end if the recipient remarries or cohabitates with a person of the opposite sex who is not a family member. It will also terminate if either party dies.

Contact Attorney Joanne E. Kleiner

Let us help you protect your rights. Contact our office online or call us at 215-886-1266 to schedule a confidential consultation. We will help you stay focused on the issues that matter.

Feb 01

The Collaborative Divorce Process

Collaborative Divorce

If you know that your marriage is over, but you don’t want a long and nasty divorce proceeding, you may want to consider a relatively new legal process—the collaborative divorce process. Here’s how it works.

In the collaborative divorce process, both parties retain their own legal counsel. However, instead of using the traditional process, where counsel may use any means to further the interest of his or her own client, both the parties and their attorneys agree in advance that all matters will be resolved without the intervention of the court. Accordingly, the parties and their attorneys are encouraged to identify and implement cooperative solutions.

To accomplish this objective, it’s common for the parties to bring in outside experts for guidance. For example, to identify the most appropriate custody and visitation arrangements, the parties may turn to child psychologists or counselors, who may meet with children and parents, assess needs and skills, and make a recommendation. With respect to property distribution, the parties often hire financial planners or consultants to determine how the parties can fairly allocate debts and assets.

If the parties successfully resolve all matters without the intervention of the court, an order is typically drawn up and submitted to the court, to be signed by the judge. However, if the parties run into any insurmountable hurdles and must ask the court for guidance, each party must hire new legal counsel for any further representation.

The collaborative process offers a number of potential benefits. Because it avoids a lot of the typical pre-trial discovery, it can be less expensive and can be resolved more quickly than through the traditional divorce process. In addition, if the parties successfully complete the collaborative process, it can have significant benefits when dealing with any minor children.

Contact Us

At the office of Joanne E. Kleiner & Associates, we have more than 25 years of family law experience. We’ll help you stay focused on what matters. To schedule an appointment with an experienced Pennsylvania divorce attorney, contact our office online or call us at 215-886-1266.

Jan 04

Pennsylvania High Court Says Out-of-State Civil Unions May Be Dissolved in State

PA High Court Allows Dissolution of Out-of-State Civil Unions

Court Allows

The Pennsylvania Superior Court has ruled that a civil union is, for all practical purposes, the equivalent of a marriage, and that the state must grant parties seeking to terminate a civil union the same rights as parties seeking to terminate a marriage. The parties in the lawsuit were joined in a civil union in Vermont in 2002, opted to separate less than six months later, and have not been able to terminate the civil union because of the Pennsylvania Defense of Marriage Act. Unfortunately, since the DOMA was found unconstitutional, the Pennsylvania legislature has not taken any action to modify its family law codes to comply with the new law.

In the aftermath of the invalidation of the Pennsylvania DOMA, the parties in this case (Neyman v. Buckley) filed a divorce complaint in Philadelphia Family Court. The court refused to hear the case, however, arguing that it did not have jurisdiction, as the Pennsylvania statute only allows the state’s courts to divorce parties from “the bonds of matrimony.” The court contended that a civil union did not qualify as “bonds of matrimony.” In addition, the court cited Vermont law (where the parties entered into the civil union), which mad a clear distinction between marriage and civil unions. The court concluded that the lawsuit was more akin to a breach of contract than a divorce.

Pennsylvania’s high court, however, disagreed, ruling that a civil union has the “odor of marriage,” and differs only in matters of sexual orientation and semantics. Because the laws of Vermont do not contradict those of Pennsylvania, and because public policy favors recognizing other states’ law when they don’t conflict, the Pennsylvania courts should recognize the Vermont (and other state) civil union as being the same as a marriage.

Contact Us

At the office of Joanne E. Kleiner & Associates, we have more than 25 years of family law experience. We’ll help you stay focused on what matters. To schedule an appointment with an experienced Pennsylvania divorce attorney, contact our office online or call us at 215-886-1266.

Dec 20

Important Terms to Understand in a Pennsylvania Divorce-Part Two

Divorce Part Two

When you become involved in a divorce, you’ll be exposed to the legal system, where many of the terms used may seem like a foreign language. In an earlier post, we looked at what a divorce complaint is and what it includes, as well as the concept of equitable distribution. Here are some additional terms that should know and understand.

  • A qualified domestic relations order (QDRO)—A qualified domestic relations order is a legally enforceable document customarily used to address the distribution of retirement plan assets during a divorce proceeding. A QDRO can be used to divide IRA, 401k, and other pension funds. One of the key benefits to using a QDRO is related to taxation of the funds. As a general rule, when you withdraw funds that you contributed on a before tax basis, you must recognize tax on the withdrawal. However, with a QDRO, funds from a qualified plan can be transferred without any tax consequences. The party making the tax-free transfer may set conditions on access to the funds, limiting the recipient from withdrawing until the transferor begins to withdraw. The transferor may also limit who can be named as a beneficiary of the funds.
  • Final divorce decree—When the parties have come to a resolution of all issues related to a divorce, whether through a negotiated settlement, mediation, the collaborative divorce process, or trial, the divorce is still not final until a final decree, or order, is drafted, approved and signed by the judge. The final decree will identify specific details related to custody and visitation, child support, spousal support or alimony, and the division of marital property. Both parties will be entitled to a copy of the final divorce order. Violation of any of the terms of the order can be the basis for contempt proceedings against the violator.

Contact Us

At the office of Joanne E. Kleiner & Associates, we have more than 25 years of family law experience. We’ll help you stay focused on what matters. To schedule an appointment with an experienced Pennsylvania divorce attorney, contact our office online or call us at 215-886-1266.

Dec 12

Important Terms to Understand in a Pennsylvania Divorce-Part One

Divorce-Part One

Your marriage has ended and you have no recourse other than to file for a divorce. If you’ve never been involved in a divorce before, you’re going to encounter a lot of language that’s foreign to you. Here’s an overview of some of the common terms that are used in a divorce proceeding.

  • Complaint—The divorce complaint is the official document that is filed with the court. The complaint identifies the plaintiff (the person filing the document) and the defendant (the person from whom the divorce is sought. The complaint asks the court to legally terminate the marriage, stating specific grounds. In most instances, in what is known as a “no-fault” divorce, the filing party does not attribute blame to the defendant, but simply tells the court that the marriage is “irretrievably broken.” The complaint also identifies what the plaintiff wants with respect to custody and visitation, support and the division of marital debts and assets.
  • Equitable distribution—As a part of the divorce proceeding, the parties must divide the debts and assets acquired during the marriage, a process also referred to as a property settlement. There are generally two different ways a state may do that—through community property laws or through equitable distribution. Pennsylvania is an equitable distribution state. That means that, when it comes time to divide property and allocate debts, the court will consider a number of factors, such as age and health of the parties, length of the marriage, and potential earning capacity, in order to determine what’s equitable (or fair). The ultimate distribution need not be equal, only fair.

Contact Attorney Joanne E. Kleiner

Let us help you protect your rights. contact our office online or call us at 215-886-1266 to schedule a confidential consultation. We will help you stay focused on the issues that matter.