5 Important Things to Do After a Divorce in Pennsylvania

Everyday Legal Advice®. Helping Families Move Forward.

Finalizing a divorce is a major life event, but the work does not always end when the court signs the final decree. After a divorce in Pennsylvania, it is important to review your legal documents, finances, insurance, and court orders so you can move forward with confidence.

1. Update Your Estate Plan

After a divorce, review and update your will, powers of attorney, healthcare directives, trusts, and related estate planning documents. Even if Pennsylvania law affects certain provisions involving a former spouse, relying on default rules can create confusion.

Working with experienced Pennsylvania and West Virginia estate planning attorneys can help ensure your documents reflect your current wishes.

2. Review Beneficiary Designations

Beneficiary designations often control who receives certain assets, even if your will says something different. Review life insurance policies, retirement accounts, payable-on-death accounts, transfer-on-death accounts, and investment accounts.

3. Create a New Financial Plan

Divorce can change your income, expenses, taxes, and retirement goals. Review your budget, debt obligations, savings, credit report, and long-term financial plan.

4. Update Insurance and Important Accounts

Review health insurance, auto insurance, homeowners or renters insurance, employer benefits, bank accounts, and emergency contacts. Make sure joint accounts are closed or updated as required by your divorce order.

5. Understand and Enforce Your Divorce Order

Your divorce decree may include ongoing obligations involving custody, child support, alimony, property transfers, and debts. Keep copies of all court orders and document payments or compliance issues.

If your former spouse fails to follow a court order, an experienced Pennsylvania and West Virginia family law attorney can help you understand your enforcement options.

Frequently Asked Questions

What should I do first after a divorce in Pennsylvania?

Start by updating your estate plan, reviewing beneficiary designations, and organizing your divorce decree and financial records.

Do I need a new will after divorce?

In most cases, yes. Divorce is a major life event and should trigger a full estate plan review.

Can my ex-spouse still receive assets after divorce?

Possibly. If beneficiary designations or account ownership are not updated, unintended results may occur.

What if my ex-spouse violates the divorce decree?

You may be able to seek enforcement through the court depending on the terms of the order and the violation.

Contact The Skeen Firm

If you have questions about divorce, custody, support, or post-divorce legal issues, Contact The Skeen Firm today.

Call 724-250-8841.

Do You Need a Prenup in Pennsylvania? What Couples Should Know

A prenuptial agreement can help couples make clear financial decisions before marriage. While many people think prenups are only for wealthy individuals, they can be useful for business owners, professionals, parents, and anyone entering marriage with assets, debt, or future financial concerns.

In Pennsylvania, prenuptial agreements are generally enforceable when they are properly prepared, entered into voluntarily, and based on honest financial disclosure.

If you are planning to get married, a prenup can help protect property, reduce future disputes, and give both spouses a clearer understanding of their financial rights and responsibilities.

Quick Answer: Do You Need a Prenup in Pennsylvania?

You may need a prenup in Pennsylvania if you want to protect premarital assets, a business, real estate, retirement accounts, family inheritances, or children from a prior relationship.

A prenup can also help define how property, debt, and support issues will be handled if the marriage ends in divorce.

What Is a Prenuptial Agreement?

A prenuptial agreement, often called a prenup, is a written contract signed before marriage. It allows future spouses to decide how certain financial issues will be handled during the marriage or if the marriage ends.

A prenup can address property rights, debt responsibility, business ownership, inheritance protection, and in some cases spousal support or alimony.

What Can a Prenup Protect?

A Pennsylvania prenup can help protect many types of assets and financial interests, including:

• Real estate owned before marriage
• Businesses and professional practices
• Investment accounts
• Retirement accounts
• Family inheritances
• Trust interests
• Personal savings
• Children from a prior relationship
• Responsibility for premarital debt

The goal is not always to keep everything separate. Many couples use prenups to create fair expectations and reduce uncertainty.

Are Prenups Enforceable in Pennsylvania?

Yes. Prenuptial agreements are generally enforceable in Pennsylvania when they meet legal requirements.

To improve enforceability, both parties should enter the agreement voluntarily, disclose their finances honestly, and have enough time to review the agreement before the wedding.

Each person should also consider having independent legal counsel before signing.

Who Should Consider a Prenup?

A prenup may be especially helpful if one or both spouses:

• Own a business
• Own real estate
• Have significant savings or investments
• Expect to receive an inheritance
• Have children from a previous relationship
• Have substantial student loans or other debt
• Earn significantly more than the other spouse
• Want to protect family-owned property

Even couples with modest assets may benefit from a prenup if they want financial clarity before marriage.

Can a Prenup Protect a Business?

Yes. A prenup can be especially valuable for business owners.

Without a prenup, business interests acquired or increased in value during the marriage may become a major issue in divorce. A prenup can clarify whether the business remains separate property, how future growth will be treated, and whether one spouse may receive compensation for contributions to the business.

Can a Prenup Protect an Inheritance?

Yes. A prenup can help protect inherited assets and family wealth.

Although inheritances are often treated separately from marital property, problems can arise when inherited money is deposited into joint accounts, used for marital expenses, or invested in jointly owned property.

A prenup can reduce confusion by clearly stating how inherited property should be handled.

Can a Prenup Cover Debt?

Yes. Prenups can address how debt will be treated during the marriage or in the event of divorce.

This can be important when one spouse enters the marriage with student loans, credit card debt, business debt, tax obligations, or other liabilities.

A prenup can help prevent one spouse from being unfairly burdened by debt that belonged to the other spouse before the marriage.

Can a Prenup Address Alimony?

In Pennsylvania, a prenup may address spousal support or alimony rights, depending on the language of the agreement and the circumstances.

Because support provisions can have serious long-term consequences, both spouses should carefully review these terms with an attorney before signing.

When Should You Get a Prenup?

Couples should start the prenup process well before the wedding date.

Waiting until the last minute can create unnecessary pressure and may raise questions about whether both parties had enough time to review the agreement voluntarily.

Ideally, couples should begin discussing a prenup several months before the wedding.

What Happens If You Do Not Have a Prenup?

If you do not have a prenup and later divorce, Pennsylvania’s equitable distribution rules will apply.

That means a court may divide marital property and debt based on what it considers fair under the circumstances. This may include reviewing income, earning capacity, contributions to the marriage, future financial needs, and other factors.

Prenup vs. Postnup: What Is the Difference?

A prenup is signed before marriage. A postnuptial agreement, or postnup, is signed after marriage.

Both agreements can address financial rights and property issues, but the timing is different. Couples who are already married and want to clarify financial expectations may consider a postnup instead.

Frequently Asked Questions

Is a prenup only for wealthy people?

No. Prenups can benefit anyone who wants clarity about property, debt, business interests, inheritance rights, or financial expectations before marriage.

Can a prenup be challenged in Pennsylvania?

Yes. A spouse may challenge a prenup if there are concerns about fraud, coercion, lack of disclosure, or other legal issues.

Should both people have separate lawyers?

It is strongly recommended. Separate attorneys can help ensure both parties understand the agreement and enter it voluntarily.

Can a prenup decide child custody or child support?

No. Courts decide child custody and child support based on the child’s best interests and applicable law at the time of the dispute.

Can we change a prenup after marriage?

Yes. Spouses may be able to modify or replace a prenup with a written postnuptial agreement.

Protecting Your Future Before Marriage

A prenuptial agreement is not about expecting a marriage to fail. It is about planning responsibly, protecting important assets, and reducing uncertainty.

At The Skeen Firm, we help Pennsylvania clients prepare thoughtful prenuptial and postnuptial agreements tailored to their financial goals and family circumstances.

If you are considering a prenup before marriage, contact our office to schedule a consultation.

*Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Results and fee structures vary by matter and are subject to a written agreement.

Protect Your ASS-ets

So, you filed a Certificate of Organization for your LLC.  Great!  Your work has just begun!

As an entrepreneur or small business owner, you have the drive and ambition to turn your dreams into reality.  But before diving headfirst into the business world, it is crucial to understand the importance of entity formation.  This article highlights the true value of forming a legal entity for your business and how it can safeguard your assets and propel you toward long-term success.

Why Entity Formation Matters

Protecting Your Assets: Forming a legal entity such as an LLC is essential to shield your personal assets from business liabilities.  With the right entity and by adhering to corporate formalities, you can say goodbye to sleepless nights worrying about losing everything in case of a lawsuit or financial downturn.

Building Credibility:  Establishing a formal business entity adds credibility and professionalism to your brand.  Gain the trust of clients, partners, and investors who value a structured and legally compliant organization.

Tax Benefits and Flexibility:  Forming a business does provide potential tax advantages and flexibility.  Working with your accountant to optimize your tax strategy, maximize deductions, and navigate the ever-changing tax landscape more effectively is important.

The Road to LLC Formation

Choosing the Right Entity:  While various business entity options exist, our current focus is on the most flexible option for most business owners, the Limited Liability Company (LLC).  Understand the unique benefits and characteristics that make the LLC a popular choice for entrepreneurs and small business owners.

Filing Made Easy:  It is easy to file formation documents online. Most states offer same-day or quicker service.

Professional Assistance:  Filing is just the start, though. For more information, click here.

True Protection Beyond Filing

Maintaining Compliance:  You must keep your business in good standing to preserve the protections offered by your legal entity. To do so, you must keep a minimum level of compliance, such as having regular meetings, having meeting minutes, filing all necessary tax documents, and having adequate insurance coverage.

Contracts and Agreements:  Using well-drafted contracts and agreements will solidify relationships with clients, suppliers, and partners.  While the entity you select protects your personal assets, your contracts protect your business entity. The best part is that contracts protect your customers, too, because they set out the terms of your deal and potential remedies if a breach occurs.

By forming a legal entity such as an LLC, you can protect your assets, enhance your credibility, and optimize your tax strategy.

Remember, true protection goes beyond filing paperwork – it involves ongoing compliance and safeguarding your intellectual property.  Start building a solid foundation for your business today and pave the way for a prosperous and secure future.

*Disclaimer: this article is for informational purposes only. It is not providing legal advice. It does not create an attorney-client relationship.

The 1,2,3s of Asset Protection from Pennsylvania LLCs

To say there is an abundance of information online about Limited Liability Companies (LLC) is an understatement. With such great resources, why do many owner-operators have common problems? Whether going it alone or with a team by your side, it is important not to ever lose focus of the main value of an LLC: personal asset protection. That protection lasts only if the corporate veil stays intact. 

Now, wait a second. Who said anything about an old-timey word for curtains? What do curtains have to do with business anyway? 

Simple. A veil, or curtain, supplies concealment and protection from elements. The same concept is present to protect an LLC owner-operator's assets, at least to the extent that they follow corporate formalities. The corporate veil concept is the personal asset protection mechanism. While it is strong, it is not impenetrable. 

Piercing the corporate veil is a broader concept than many realize. Plus, in Pennsylvania, there is not a clear set of factors to define when a party can pierce the corporate veil. In Mortimer v. McCool, 255 A.3d 261 (Pa. 2021), the PA Supreme Court chose an “equitable powers” approach. This approach allows PA courts of all levels to evaluate the actions of owners to decide whether veil piercing is proper. This approach avoids setting out predictable factors and makes it tougher for owner-operators to avoid any specific conduct that could cost them the protection of their corporate veil. 

So while you cannot eliminate the odds that someone could pierce your LLC’s veil, you can do things to mitigate your risk. The three pillars of protection are 1. collect case law, 2. maintain formalities, and 3. capital control. While the first is out of an owner-operator’s control, there is no denying that the other two pillars are not only within your control: they are also best business practices for LLCs. 

Maintaining corporate formalities is easy. Keep all business and personal assets separate. And proper levels of insurance for your business. And keep accurate records. All things a healthy business does daily. Capital control for an LLC is an important sub-set of corporate formalities. It is important to adequately fund your LLC and to avoid treating it like a personal piggy bank. Again, both practices a healthy business would adopt. So where does that leave LLC owner-operators? As case law collectors. 

In Mortimer, the Court adopts a “geological accumulation” of case law to guide their equitable powers approach for veil piercing. The lack of precedent is unsettling. The decision makes keeping a watchful eye on veil piercing cases part of the path to understanding veil piercing, which in turn leads to a collection of precedent. As the number of cases grows, more elaborate guidance will evolve. In the meantime, follow best business practices. Take action to mitigate the potential of veil piercing by running a healthy business.

If you have questions about your business and asset protection, give us a call at 724-550-6970.

*Disclaimer: this article is for informational purposes only. It is not providing legal advice. It does not create an attorney-client relationship.