Category Archives: Divorce

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Alimony and Cohabitation in Pennsylvania

Posted in Divorce

The law in Pennsylvania states that no spouse is entitled to receive an award of alimony where the spouse, subsequent to the divorce pursuant to which the alimony is being sought, has entered into cohabitation with a person of the opposite sex who is not a member of the spouse’s family within the degrees of consanguinity. Cohabitation can be shown according to the Pennsylvania Superior Court “by evidence of financial, social, and sexual interdependence, by a sharing of the same residence, and by other means.” Moran v. Moran, 839 A.2d 1091, (Pa. Super. 2003).

Same Sex Consortium Claims

Posted in Divorce

A Philadelphia Common Pleas Court Judge has granted an immediate appeal from an Order dismissing a claim for loss of consortium from one of the parties to a same sex marriage. The underlying claim involves a medical malpractice claim filed against Temple University Hospital by a same sex couple named Wolf. Judge Gregory Smith signed an Order granting the immediate appeal which said in part as follows:

Free Speech vs. Best Interests of the Child: Can your Constitutional Rights Hurt You in a Custody Battle?

Posted in Divorce

A recent Bucks County custody battle involved a father who created a website which, among other things, related his experiences with the Bucks County court system. Included on the website were blogs which referenced his ex-wife. These references were described by the judge hearing his custody case as “denigrating and belittling comments about mother”. The judge further advised father “You may say anything that you would like to say. You may publish it. You may put it on a billboard.

Alimony Reform: For Better or for Worse

Posted in Divorce

Alimony reform appears to be gaining momentum across the country. Last month New York State modified their alimony laws by adopting a formula for setting alimony thus making alimony fairer and easier to predict. Massachusetts is currently considering a bill that would cap the duration of alimony based upon the length of marriage.