Insurance and Inheritance Issues
With regard to insurance issues, per 23 Pa. C.S. §3502(d), the court can direct the continuation of life and health insurance policies or require the purchase of same where the policy did not exist during the marriage.
(d) Life insurance.--The court may direct the continued maintenance and beneficiary designations of existing policies insuring the life or health of either party which were originally purchased during the marriage and owned by or within the effective control of either party. Where it is necessary to protect the interests of a party, the court may also direct the purchase of, and beneficiary designations on, a policy insuring the life or health of either party.
The court also has broad equity power in divorce actions per 23 Pa. C.S. §3323(f):
(f) Equity Power and Jurisdiction of the Court.-- In all matrimonial causes, the court shall have full equity power and jurisdiction and may issue injunctions or other orders which are necessary to protect the interests of the parties or to effectuate the purposes of this part and may grant such other relief or remedy as equity and justice require against either party or against any third person over whom the court has jurisdiction and who is involved in or concerned with the disposition of the cause.
Inheritances are non-marital property to the extent they are not commingled with marital assets. Many times, however, parties have received and dealt with an inheritance before retaining an attorney for divorce. Inheritances received during the marriage and used by the parties or commingled with other marital assets lose their characterization as separate assets. The courts can apportion assets differently so that while the court may divide the majority of an estate on a 50/50 basis, they may distribute a marital asset that has its roots in the inheritance of one spouse on a different basis favoring the inheriting spouse. |