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Jul 01, 2015

Obamacare: Insuring Your Children Post-Divorce

Since its inception, the Patient Protection and Affordable Care Act, commonly referred to as the Affordable Care Act (“ACA”) and “Obamacare,” has been a lightning rod for controversy.  The ACA took center stage before the United States Supreme Court (again) in early March, when the nine Justices heard oral argument in King v. Burwell, a highly anticipated and potentially consequential case. » Read More

Jun 18, 2014

Same-Sex Couples Can Marry in Pennsylvania, but What Should They Do With Their Real Estate?

On May 20, 2014, the United States District Court for the Middle District of Pennsylvania found provisions of Pennsylvania law that banned same-sex marriage, and failed to recognize legal same-sex marriages from other jurisdictions, to be unconstitutional.  Although the holding in Whitewood v. Wolf primarily invalidated the Pennsylvania laws banning same-sex marriage, the holding affected hundreds of other Pennsylvania laws, ranging from the laws governing hunting/fishing licenses to real estate laws. » Read More

Jun 06, 2014

End of Same-Sex Marriage Ban Not the End of Same-Sex Marriage Litigation in Pennsylvania

Although a recent ruling in federal court in the Middle District of Pennsylvania determined that Pennsylvania’s same-sex marriage ban is unconstitutional, this decision has not put an end to litigation arising from same-sex marriage issues.  In an ongoing lawsuit in the Northampton County Court of Common Pleas, widow Barbara Baus is petitioning the Court to find that Pennsylvania must retroactively recognize her same-sex marriage so she will not have to pay the inheritance tax on her spouse’s estate. » Read More

May 27, 2014

Pennsylvania Strikes Down Ban on Same-Sex Marriage

On May 20, a federal court in the Middle District of Pennsylvania issued its legal opinion that Pennsylvania’s ban on same-sex marriages is unconstitutional.  The result of this opinion is that same-sex partners in Pennsylvania may now legally marry one another.  Additionally, marriages between same-sex partners that were performed in other states will now be recognized by Pennsylvania as a valid legal marriage. » Read More

Mar 20, 2014

Tenants by the Entirety: Separate Debt May Not Be a Joint Problem

In Pennsylvania, and many other jurisdictions, property owned jointly by a husband and wife is held as tenants by the entirety. This means that the husband and wife are considered as one, and in order to execute on property held as tenants by the entirety, there must be a joint judgment against both husband and wife.  Stated another way, a creditor may not attach entireties’ property to satisfy the debt of one spouse. » Read More

Feb 17, 2014

Death: An additional obstacle in divorce proceedings

Divorce is one of life’s most difficult obstacles.  As a recent Superior Court case reminds us, however, it can be further complicated by the death of one of the spouses. Up until 2005, Pennsylvania law provided that when a spouse died during the pendency of a divorce action, the divorce action would automatically stop with the economic issues between the spouses addressed under estate law. » Read More

Oct 11, 2013

All You Need is Love (And a Validly-Issued Marriage License)

Chances are that earlier this year, very few people knew who Bruce Hanes was.  Even if the name still does not sound familiar, his story certainly is.

In June, the U.S. Supreme Court ruling on the Defense of Marriage Act mandated the federal government to recognize same-sex marriages from states that allow them. Since the decision, couples in states that do not recognize same-sex marriages have flooded the court system with lawsuits. » Read More

Sep 04, 2013

New Revenue Ruling Provides Uniformity for Lawfully Married Same-Sex Couples

On August 29, 2013, the Department of the Treasury and the Internal Revenue Service issued Rev. Rul. 2013-17, implementing the Supreme Court’s decision in U.S. v. Windsor, 570 U.S. ___, 133 S. Ct. 2675 (2013). The Ruling holds that the terms “spouse,” “husband,” “wife,” and “husband and wife” include individuals in valid same-sex marriages for federal tax purposes. The Ruling also holds that the term “marriage” includes same sex marriages.» Read More

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