1421 Amendments to the Rules of Civil Procedure relating to domestic relations matters; recommendation 136

PART I. GENERAL

[ 231 PA. CODE CH. 1920 ]

Amendments to the Rules of Civil Procedure Relating to Domestic Relations Matters; Recommendation 136

[44 Pa.B. 4341]
[Saturday, July 12, 2014]

 The Domestic Relations Procedural Rules Committee is planning to recommend that the Supreme Court of Pennsylvania amend the Rules of Civil Procedure relating to domestic relations matters as set forth herein. This proposal has not been submitted for review by the Supreme Court of Pennsylvania.

 Notes and explanatory comments which appear with proposed amendments have been inserted by the committee for the convenience of those using the rules. Reports, notes and comments will not constitute part of the rules and will not be officially adopted or promulgated by the Supreme Court.

 The committee solicits and welcomes comments and suggestions from all interested persons prior to submission of this proposal to the Supreme Court of Pennsylvania. Please submit written comments no later than Friday, October 3, 2014 directed to:

Patricia A. Miles, Esquire
Counsel, Domestic Relations Procedural Rules Committee
Pennsylvania Judicial Center
601 Commonwealth Avenue, Suite 6200
P.O. Box 62635
Harrisburg, PA 17106-2635
Fax: [phone]
E-mail: [e-mail]

 Deleted material is bold and [bracketed]. New material is bold.

By the Domestic Relations
Procedural Rules Committee

CAROL S. MILLS McCARTHY, 
Chair

Annex A

TITLE 231. RULES OF CIVIL PROCEDURE

PART I. GENERAL

CHAPTER 1920. ACTIONS OF DIVORCE OR FOR ANNULMENT OF MARRIAGE

Rule 1920.31. Joinder of Related Claims. Child and Spousal Support. Alimony. Alimony Pendente Lite. Counsel Fees. Expenses.

*  *  *  *  *

 (d) Upon entry of a decree in divorce, any existing order for spousal support shall be deemed an order for alimony pendente lite if any economic claims remain pending.

 (e) If a party dies and the divorce action is continuing pursuant to 23 Pa.C.S. § 3323(d.1), an existing alimony pendente lite order may continue as an obligation of the obligor decedent's estate, subject to modification. The amount of alimony to be awarded to the surviving spouse shall be calculated using only the income of the surviving spouse and the decedent's estate.

Explanatory Comment—2014

 A divorce action may continue after the death of a party pursuant to 23 Pa.C.S. § 3323(d.1) if grounds for divorce have been established. Alimony pendente lite is intended to provide the financial ability to pursue or defend a divorce action and may continue until the economic issues are resolved.

[Pa.B. Doc. No. 14-1421. Filed for public inspection July 11, 2014, 9:00 a.m.]