Divorce Decrees Must Now Reference Termination of Beneficiary Designations

2023/02/28

Devotees of the probate code are well aware that 20 Pa. C.S. Section 6111.2 provides that if a former spouse passes away and is either divorced or grounds for divorce[1] have been established, then any beneficiary designation by the deceased ex-spouse in favor of the surviving ex-spouse is deemed ineffective unless the deceased ex-spouse makes clear in an updated designation or in a court order or written contract that the designation was intended to remain effective. Effective May2, 2023, the Pennsylvania Legislature updated the Divorce Code to require every divorce decree to reference the probate code as follows: An order accompanying a decree of divorce or annulment of the marriage shall include a provision informing the parties to reaffirm or change the beneficiary status on an existing life insurance policy, annuity contract, pension, profit-sharing plan or other contractual arrangement providing for payment to the spouse if it is the intention of one of the parties to keep or change the other party as a beneficiary. The provision shall also warn the parties that failure to do so may result in revocation of the beneficiary designation pursuant to 20 Pa.C.S. § 6111.2 (relating to effect of divorce or pending divorce on designation of beneficiaries). The provision shall be a form as may be prescribed by general rule. This language is extremely important in any pending divorce action, especially now that the Allegheny County Court of Common Pleas requires parties to obtain an order establishing grounds for divorce before the Court will hold a final hearing to determine the economic issues arising from the divorce. In other words, there will now be a gap between the establishment of grounds for divorce—which would revoke beneficiary designations without a further writing—and when the Court issues a final determination as to how assets will be distributed. Read More

Which 50/50 Custody Schedule is Best for My Child?

2023/02/15

You are both good parents and want to spend equal time with your child. You are now faced with the question of which schedule will work best for your child. There are several things to consider. Consider your child’s age. Older children benefit from longer stretches with each parent and fewer transitions. Teens often do a week-on/week-off schedule exchanging on either Fridays or Sundays. Sometimes the parent with the “off week” has a Wednesday night overnight or dinner visit. Young children, on the other hand, benefit from shorter “visits” with each parent and more exchanges so that they do not go too long without seeing the other parent. The “2-2-3” schedule is popular in this instance. Parent “A” has the child for Monday and Tuesday nights, Parent “B” for Wednesday and Thursday nights. Parent “A” then has the weekend (Friday night through Monday morning) with Parent “B” then having Monday and Tuesday nights and the pattern continues. The downside of this schedule is that some parents do not like that weeknights change each week so that they cannot take the child to certain activities each week. Some children benefit from being with the same parent on the same weekdays each week. The “5-2-2-5” schedule is popular in this instance. Parent “A” has the child every Monday and Tuesday nights, Parent “B” for every Wednesday and Thursday nights. The parties then alternate weekends (Friday night through Monday morning). Some parents do not like the stretches of five nights in a row.   However, once a child has done the 2-2-3 they can transition to the 5-2-2-5 when they get a little older, often when they begin kindergarten or first grade. A less popular happy medium between the 2-2-3 and the 5-2-2-5 is the “3-4-4-3.” Each week, each parent has the same three nights and they alternate the “odd” night of the week. Read More

Pennsylvania’s Hottest Case is: Belke v. Belke (Pa. Super. 2022)

2022/12/31

Robert Weinberg authored “Pennsylvania’s Hottest Case is: Belke v. Belke (Pa. Super. 2022)” published in Pennsylvania Family Lawyer, Winter 2022, Vol. 44, Issue 4. Read More

High Net Worth Divorce

2022/12/20

Pittsburgh family law attorney Ken Horoho talks about high net worth divorce, such as the case of NFL superstar Tom Brady and his ex-wife, Gisele Bündchen. In this podcast, Mr. Horoho talks about the importance of prenuptial and post-nuptial agreements, and having a financial planning team in place to protect the interests of both spouses. Gentile, Horoho & Avalli · High Net Worth Divorce Source Read More

Kenneth Horoho Appointed to Neighborhood Legal Services Association Board of Directors

2022/11/10

Kenneth J. Horoho, has been appointed to the Neighborhood Legal Services Association (“NLSA”) Board of Directors. NLSA is a non-profit organization that provides civil legal representation for the poor and disadvantaged in Allegheny, Beaver, Butler and Lawrence Counties. It is part of a statewide network of legal service providers servicing all of Pennsylvania’s 67 counties. Read More

Kenneth Horoho to Moderate “The Surveillance of a Spouse” sponsored by The Allegheny County Bar Association

2022/11/09

Kenneth Horoho will moderate the Allegheny County Bar Association’s program entitled “The Surveillance of a Spouse” on November 14, 2022. He will be joined by speakers Phillip DiLucente of Phil DiLucente & Associates, LLC, The Honorable Anthony Mariani of Allegheny County Court of Common Pleas Criminal Division, and Larry Forletta of Forletta Consulting and Investigative Services. This program covers the do’s and don’ts of surveillance in family law matters, with an update on Pennsylvania’s wiretapping law. More information can be found in this issue of the Lawyers Journal, page 7.   Read More

Robert Weinberg presents “Avoiding the Parental Trap”

2022/11/08

On October 18, 2022, Robert D. Weinberg presented on Avoiding the Parental Trap to the Children’s Issues Subcommittee of the Family Law Section of the Allegheny County Bar Association. This panel discussion stemmed from an article he authored entitled Avoiding the Parental Trap, which appeared in the Summer 2022 Volume of the Pennsylvania Family Lawyer. The other panelists included Dr. Eric Bernstein, a forensic psychologist based in Pittsburgh, and Dr. Ruth Zitner, a practicing psychologist with a focus on reunification therapy, based out of Washington, D.C. Mr. Weinberg and the participants covered a wide range of concerns including best practices in thinking about alienation allegations, best practices in terms of both litigation and treatment approaches, and generally placing parental alienation in the context of overarching family dynamics. Read More

Kerri Lee Cappella Presents “Strategies for Improved Outcomes in Co-Parenting Cases”

2022/11/02

Partner Kerri Lee Cappella presented “Strategies for Improved Outcomes in Co-Parenting Cases,” to the Pennsylvania Chapter of the American Academy of Matrimonial Lawyers. Ms. Cappella currently serves as the Chapter’s President-Elect and will begin her term as President in July, 2023. Read More

Kenneth Horoho Presents Remarks During Tribute to Chief Justice Max Baer

2022/10/20

Kenneth Horoho presented remarks during the Tribute to Chief Justice Max Baer at the Duquesne University School of Law Alumni Dinner on October 14, 2022. The Chief Justice was presented with the Most Distinguished Alumnus Award. “After Judge Baer got elected, he was assigned to the Family Division.  He enjoyed the Family Division.  He saw it not only as a challenge but as the years went on, he saw his involvement as a way to improve the system especially as it relates to how families and children are touched by the Judicial System.” ~ Kenneth J. Horoho Mr. Horoho highlighted the tremendous efforts the Chief Justice provided to children and families over the past three decades and encouraged the audience to “Be Like Max.” Read More

Why You Need an Attorney Experienced in High Net Worth Divorce

2022/10/03

While no two divorces are alike, high net worth divorces often have complex financial issues that require specific expertise. Think about it, if you had a parent who thought they had cataracts, you would not suggest they go see their internist. A neighborhood ophthalmologist that treats all sorts of eye diseases would be better. However, a doctor that specializes in geriatric eye diseases and has treated thousands of patients for cataracts, would be the best choice. They would know the diagnosis quickly, be able to explain the process, the risks and the recovery and how best to treat if something goes wrong. Divorcing your spouse in a high asset case is like removing the cataract. Well, not exactly. But you do need an attorney that understands how businesses are valued, restricted stock units and other equity awards are divided and taxes are impacted by the division of certain assets. Yes, an attorney can hire a forensic accountant or value expert to assist. However, if the attorney cannot spot the issues, ask the right questions and analyze the information in light most favorable to you, it is like taking a knife to a gunfight. More and more, the high net worth divorces I see involve a prenuptial agreement. Again, this is where expertise comes in. Attorneys that only handle “house and pension cases” may be at a disadvantage when it comes to evaluating the enforceability and interpretation of the document. And, if the parties decide they want to attempt reconciliation, a postnuptial agreement may need to be drafted. What if you do not think your case is high net worth enough to hire a specialist? The beauty of hiring an attorney that has experience in high net worth divorces is that they will understand your case and be able to handle your issues efficiently and with confidence. Read More