PRINTER'S NO. 2947
No. 2270 Session of 1982
INTRODUCED BY PISTELLA, MORRIS, RYBAK, KUKOVICH, BELFANTI,
VAN HORNE AND ITKIN, FEBRUARY 24, 1982
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 24, 1982
AN ACT
1 Amending the act of April 2, 1980 (P.L.63, No.26), entitled "An
2 act consolidating, revising and amending the divorce and
3 annulment laws of the Commonwealth and making certain
4 repeals," further defining "marital property" for certain
5 purposes.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Subsection (e) of section 401, act of April 2,
9 1980 (P.L.63, No.26), known as the "Divorce Code," is amended to
10 read:
11 Section 401. Decree of court.
12 * * *
13 (e) For purposes of this chapter only, "marital property"
14 means all property acquired by either party during the marriage
15 except:
16 (1) Property acquired in exchange for property acquired
17 prior to the marriage except for the increase in value during
18 the marriage.
19 (2) Property excluded by valid agreement of the parties
1 entered into before, during or after the marriage.
2 [(3) Property acquired by gift, bequest, devise or
3 descent except for the increase in value during the
4 marriage.]
5 (3) Property acquired by gift, bequest, devise or
6 descent, including the increase in value during the marriage,
7 unless such property is the primary residence of the family,
8 has provided a significant source of family income, or
9 represents a significant part of the marital assets.
10 (4) Property acquired after separation until the date of
11 divorce, provided however, if the parties separate and
12 reconcile, all property acquired subsequent to the final
13 separation until their divorce.
14 (5) Property which a party has sold, granted, conveyed
15 or otherwise disposed of in good faith and for value prior to
16 the time proceedings for the divorce are commenced.
17 (6) Veterans' benefits exempt from attachment, levy or
18 seizure pursuant to the act of September 2, 1958, Public Law
19 85-857, 72 Statute 1229, as amended, except for those
20 benefits received by a veteran where such veteran has waived
21 a portion of his military retirement pay in order to receive
22 Veteran's Compensation.
23 (7) Property to the extent to which such property has
24 been mortgaged or otherwise encumbered in good faith for
25 value, prior to the time proceedings for the divorce are
26 commenced.
27 * * *
28 Section 2. This act shall take effect immediately.
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