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2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 31 - Preliminary Provisions › Section 3103 - Definitions

§ 3103. Definitions.
The following words and phrases when used in this part shall have the meanings given to them in this section unless the context clearly indicates otherwise:
"Alimony."
An order for support granted by this Commonwealth or any other state to a spouse or former spouse in conjunction with a decree granting a divorce or annulment.
"Alimony pendente lite."
An order for temporary support granted to a spouse during the pendency of a divorce or annulment proceeding.
"Convicted."
Having been found guilty, having entered a plea of guilty or nolo contendere or having been accepted into Accelerated Rehabilitative Disposition.
"Divorce."
Divorce from the bonds of matrimony.
"Grounds for divorce."
The grounds enumerated in section 3301 (relating to grounds for divorce).
"Irretrievable breakdown."
Estrangement due to marital difficulties with no reasonable prospect of reconciliation.
"Personal injury crime."
An act that constitutes a misdemeanor or felony under any of the following, or criminal attempt, solicitation or conspiracy to commit any of the following:
18 Pa.C.S. Ch. 25 (relating to criminal homicide).
18 Pa.C.S. Ch. 27 (relating to assault).
18 Pa.C.S. Ch. 29 (relating to kidnapping).
18 Pa.C.S. Ch. 30 (relating to human trafficking).
18 Pa.C.S. Ch. 31 (relating to sexual offenses).
18 Pa.C.S. § 3301 (relating to arson and related offenses).
18 Pa.C.S. Ch. 37 (relating to robbery).
18 Pa.C.S. Ch. 49 Subch. B (relating to victim and witness intimidation).
75 Pa.C.S. § 3732 (relating to homicide by vehicle).
75 Pa.C.S. § 3742 (relating to accidents involving death or personal injury).
"Qualified professionals."
Includes marriage counselors, psychologists, psychiatrists, social workers, ministers, priests, rabbis or other persons who, by virtue of their training and experience, are able to provide counseling.
"Separate and apart."
Cessation of cohabitation, whether living in the same residence or not. In the event a complaint in divorce is filed and served, it shall be presumed that the parties commenced to live separate and apart not later than the date that the complaint was served.
"Spousal support."
Care, maintenance and financial assistance.
(Nov. 29, 2004, P.L.1357, No.175, eff. 60 days; Apr. 21, 2016, P.L.166, No.24, eff. 60 days)
2016 Amendment. Act 24 added the defs. of "convicted" and "personal injury crime."
2004 Amendment.
Act 175 amended the def. of "separate and apart." Section 5(1) of Act 175 provided that the amendment shall apply to complaints served before, on or after the effective date of par. (1).
Cross References.
Section 3103 is referred to in section 5948 of Title 42 (Judiciary and Judicial Procedure).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 31 - Preliminary Provisions › Section 3105 - Effect of agreement between parties

§ 3105. Effect of agreement between parties.
(a) Enforcement.--
A party to an agreement regarding matters within the jurisdiction of the court under this part, whether or not the agreement has been merged or incorporated into the decree, may utilize a remedy or sanction set forth in this part to enforce the agreement to the same extent as though the agreement had been an order of the court except as provided to the contrary in the agreement.
(b) Certain provisions subject to modification.--
A provision of an agreement regarding child support, visitation or custody shall be subject to modification by the court upon a showing of changed circumstances.
(c) Certain provisions not subject to modification.--
In the absence of a specific provision to the contrary appearing in the agreement, a provision regarding the disposition of existing property rights and interests between the parties, alimony, alimony pendente lite, counsel fees or expenses shall not be subject to modification by the court.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 31 - Preliminary Provisions › Section 3106 - Premarital agreements

§ 3106. Premarital agreements.
(a) General rule.--
The burden of proof to set aside a premarital agreement shall be upon the party alleging the agreement to be unenforceable. A premarital agreement shall not be enforceable if the party seeking to set aside the agreement proves, by clear and convincing evidence, that:
(1) the party did not execute the agreement voluntarily; or
(2) the party, before execution of the agreement:
(i) was not provided a fair and reasonable disclosure of the property or financial obligations of the other party;
(ii) did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided; and
(iii) did not have an adequate knowledge of the property or financial obligations of the other party.
(b) Definition.--
As used in this section, the term "premarital agreement" means an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage.
(Nov. 29, 2004, P.L.1357, No.175, eff. 60 days)
2004 Amendment.
Act 175 added section 3106. Section 5(2) of Act 175 provided that section 3106 shall apply to premarital agreements executed on or after the effective date of par. (2).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 33 - Dissolution of Marital Status › Section 3302 - Counseling

§ 3302. Counseling.
(a) Indignities.--
Whenever indignities under section 3301(a)(6) (relating to grounds for divorce) is the ground for divorce, the court shall require up to a maximum of three counseling sessions where either of the parties requests it.
(b) Mutual consent.--
Whenever mutual consent under section 3301(c) is the ground for divorce, the court shall require up to a maximum of three counseling sessions within the 90 days following the commencement of the action where either of the parties requests it.
(c) Irretrievable breakdown.--
Whenever the court orders a continuation period as provided for irretrievable breakdown in section 3301(d)(2), the court shall require up to a maximum of three counseling sessions within the time period where either of the parties requests it or may require such counseling where the parties have at least one child under 16 years of age.
(d) Notification of availability of counseling.--
Whenever section 3301(a)(6), (c) or (d) is the ground for divorce, the court shall, upon the commencement of an action under this part, notify both parties of the availability of counseling and, upon request, provide both parties a list of qualified professionals who provide such services.
(e) Choice of qualified professionals unrestricted.--
The choice of a qualified professional shall be at the option of the parties, and the professional need not be selected from the list provided by the court.
(f) Report.--
Where the court requires counseling, a report shall be made by the qualified professional stating that the parties did or did not attend.
(g) Exception.--
Notwithstanding any other provision of law, in no case may the court require counseling over the objection of a party that has a protection from abuse order, enforceable under Chapter 61 (relating to protection from abuse) against the other party, or where that party was the victim of a personal injury crime for which the other party was convicted or has entered into an Accelerated Rehabilitative Disposition program as a result of conduct for which the other party was a victim.
(Apr. 21, 2016, P.L.166, No.24, eff. 60 days)
2016 Amendment.
Act 24 added subsec. (g).
Cross References.
Section 3302 is referred to in section 3301 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 33 - Dissolution of Marital Status › Section 3303 - Annulment of void and voidable marriages

§ 3303. Annulment of void and voidable marriages.
(a) General rule.--
In all cases where a supposed or alleged marriage has been contracted which is void or voidable under this title or under applicable law, either party to the supposed or alleged marriage may bring an action in annulment to have it declared void in accordance with the procedures provided by this part and prescribed by general rules.
(b) Common-law marriage.--
In the case of a purported common-law marriage where a party was under 18 years of age, a parent or guardian of the minor may bring a declaratory judgment proceeding during the party's minority to have the marriage declared void.
Cross References.
Section 3303 is referred to in section 3304 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 33 - Dissolution of Marital Status › Section 3304 - Grounds for annulment of void marriages

§ 3304. Grounds for annulment of void marriages.
(a) General rule.--
Where there has been no confirmation by cohabitation following the removal of an impediment, the supposed or alleged marriage of a person shall be deemed void in the following cases:
(1) Where either party at the time of such marriage had an existing spouse and the former marriage had not been annulled nor had there been a divorce except where that party had obtained a decree of presumed death of the former spouse.
(2) Where the parties to such marriage are related within the degrees of consanguinity prohibited by section 1304(e) (relating to restrictions on issuance of license).
(3) Where either party to such marriage was incapable of consenting by reason of insanity or serious mental disorder or otherwise lacked capacity to consent or did not intend to consent to the marriage.
(4) Where either party to a purported common-law marriage was under 18 years of age.
(b) Procedures.--
In all cases of marriages which are void, the marriage may be annulled as set forth in section 3303 (relating to annulment of void and voidable marriages) or its invalidity may be declared in any collateral proceeding.
Cross References.
Section 3304 is referred to in section 1702 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 33 - Dissolution of Marital Status › Section 3305 - Grounds for annulment of voidable marriages

§ 3305. Grounds for annulment of voidable marriages.
(a) General rule.--
The marriage of a person shall be deemed voidable and subject to annulment in the following cases:
(1) Where either party to the marriage was under 16 years of age unless the marriage was expressly authorized by the court.
(2) Where either party was 16 or 17 years of age and lacked the consent of parent or guardian or express authorization of the court and has not subsequently ratified the marriage upon reaching 18 years of age and an action for annulment is commenced within 60 days after the marriage ceremony.
(3) Where either party to the marriage was under the influence of alcohol or drugs and an action for annulment is commenced within 60 days after the marriage ceremony.
(4) Where either party to the marriage was at the time of the marriage and still is naturally and incurably impotent unless the condition was known to the other party prior to the marriage.
(5) Where one party was induced to enter into the marriage due to fraud, duress, coercion or force attributable to the other party and there has been no subsequent voluntary cohabitation after knowledge of the fraud or release from the effects of fraud, duress, coercion or force.
(b) Status of voidable marriage.--
In all cases of marriages which are voidable, either party to the marriage may seek and obtain an annulment of the marriage but, until a decree of annulment is obtained from a court of competent jurisdiction, the marriage shall be valid. The validity of a voidable marriage shall not be subject to attack or question by any person if it is subsequently confirmed by the parties to the marriage or if either party has died.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 33 - Dissolution of Marital Status › Section 3306 - Proceedings to determine marital status

§ 3306. Proceedings to determine marital status.
When the validity of a marriage is denied or doubted, either or both of the parties to the marriage may bring an action for a declaratory judgment seeking a declaration of the validity or invalidity of the marriage and, upon proof of the validity or invalidity of the marriage, the marriage shall be declared valid or invalid by decree of the court and, unless reversed upon appeal, the declaration shall be conclusive upon all persons concerned.
Cross References.
Section 3306 is referred to in section 7541 of Title 42 (Judiciary and Judicial Procedure).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 33 - Dissolution of Marital Status › Section 3307 - Defenses

§ 3307. Defenses.
(a) General rule.--
Existing common-law defenses are retained as to the grounds enumerated in section 3301(a) and (b) (relating to grounds for divorce). The defenses of condonation, connivance, collusion, recrimination and provocation are abolished as to the grounds enumerated in section 3301(c) and (d).
(b) Adultery.--
In an action for divorce on the ground of adultery, it is a good defense and a perpetual bar against the action if the defendant alleges and proves, or if it appears in the evidence, that the plaintiff:
(1) has been guilty of like conduct;
(2) has admitted the defendant into conjugal society or embraces after the plaintiff knew of the fact;
(3) allowed the defendant's prostitution or received hire from it; or
(4) exposed the defendant to lewd company whereby the defendant became involved in the adultery.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 33 - Dissolution of Marital Status › Section 3308 - Action where defendant suffering from mental disorder

§ 3308. Action where defendant suffering from mental disorder.
If a spouse is insane or suffering from serious mental disorder, an action may be commenced under this part against that spouse upon any ground for divorce or annulment.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 33 - Dissolution of Marital Status › Section 3309 - General appearance and collusion

§ 3309. General appearance and collusion.
The entry of a general appearance by, or in behalf of, a defendant does not constitute collusion. Collusion shall be found to exist only where the parties conspired to fabricate grounds for divorce or annulment, agreed to and did commit perjury or perpetrated fraud on the court. Negotiation and discussion of terms of property settlement and other matters arising by reason of contemplated divorce or annulment do not constitute collusion.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 33 - Dissolution of Marital Status › Section 3321 - Hearing by master

§ 3321. Hearing by master.
The court may appoint a master to hear testimony on all or some issues, except issues of custody and paternity, and return the record and a transcript of the testimony together with a report and recommendation as prescribed by general rules, or a judge of the court in chambers may appoint a master to hold a nonrecord hearing and to make recommendations and return the same to the court, in which case either party may demand a hearing de novo before the court.
Suspension by Court Rule.
Section 3321 was suspended by Pennsylvania Rule of Civil Procedure No. 1920.91, as amended October 30, 2021, insofar as it prohibits the appointment of hearing officers in partial custody or visitation matters.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 33 - Dissolution of Marital Status › Section 3322 - Jury trial

§ 3322. Jury trial.
(a) Application for jury trial.--
After service of the complaint in divorce or annulment on the defendant in the manner prescribed by general rules or entry of a general appearance for the defendant, if either of the parties desires any matter of fact that is affirmed by one and denied by the other to be tried by a jury, that party may take a rule upon the opposite party, to be allowed by a judge of the court, to show cause why the issues of fact set forth in the rule should not be tried by a jury, which rule shall be served upon the opposite party or counsel for the opposite party.
(b) Disposition of application.--
Upon the return of the rule, after hearing, the court may discharge it, make it absolute or frame issues itself. Only the issues ordered by the court shall be tried. The rule shall not be made absolute when, in the opinion of the court, a trial by jury cannot be had without prejudice to the public morals.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 33 - Dissolution of Marital Status › Section 3331 - Limitations on attacks upon decrees

§ 3331. Limitations on attacks upon decrees.
The validity of a decree of divorce or annulment issued by a court shall not be questioned, except by appeal, in any court or place in this Commonwealth after the death of either party to the proceeding. If it is shown that a party who subsequently attempts to question the validity of the decree had full knowledge of the facts and circumstances later complained of at the time of issuance of the decree or failed to take any action despite this knowledge within two years after the date of the decree, the party shall be barred from questioning the decree, and it shall be valid in all courts and places within this Commonwealth.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 33 - Dissolution of Marital Status › Section 3332 - Opening or vacating decrees

§ 3332. Opening or vacating decrees.
A motion to open a decree of divorce or annulment may be made only within the period limited by 42 Pa.C.S. § 5505 (relating to modification of orders) and not thereafter. The motion may lie where it is alleged that the decree was procured by intrinsic fraud or that there is new evidence relating to the cause of action which will sustain the attack upon its validity. A motion to vacate a decree or strike a judgment alleged to be void because of extrinsic fraud, lack of jurisdiction over the subject matter or a fatal defect apparent upon the face of the record must be made within five years after entry of the final decree. Intrinsic fraud relates to a matter adjudicated by the judgment, including perjury and false testimony, whereas extrinsic fraud relates to matters collateral to the judgment which have the consequence of precluding a fair hearing or presentation of one side of the case.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 33 - Dissolution of Marital Status › Section 3333 - Res judicata and estoppel

§ 3333. Res judicata and estoppel.
The validity of a divorce or annulment decree granted by a court having jurisdiction over the subject matter may not be questioned by a party who was subject to the personal jurisdiction of the court except by direct appeal provided or prescribed by law. A party who sought and obtained a decree, financed or agreed to its procurement, or accepted a property settlement, alimony pendente lite or alimony pursuant to the terms of the decree, or who remarries after the decree, or is guilty of laches, is barred from making a collateral attack upon the validity of the decree unless, by clear and convincing evidence, it is established that fraud by the other party prevented the making of a timely appeal from the divorce or annulment decree.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 35 - Property Rights › Section 3503 - Effect of divorce on property rights generally

§ 3503. Effect of divorce on property rights generally.
Whenever a decree or judgment is granted which nullifies or absolutely terminates the bonds of matrimony, all property rights which are dependent upon the marital relation, except those which are vested rights, are terminated unless the court expressly provides otherwise in its decree. All duties, rights and claims accruing to either of the parties at any time theretofore in pursuance of the marriage shall cease, and the parties shall severally be at liberty to marry again as if they had never been married.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 35 - Property Rights › Section 3504 - Disposition of property after termination of marriage

§ 3504. Disposition of property after termination of marriage.
Unless provided otherwise by the court, whenever a decree of divorce or annulment is entered by a court of competent jurisdiction, both parties whose marriage is terminated or affected shall have complete freedom of disposition as to their separate real and personal property and may mortgage, sell, grant, convey or otherwise encumber or dispose of their separate property, whether the property was acquired before, during or after coverture, and neither need join in, consent to or acknowledge a deed, mortgage or instrument of the other.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 35 - Property Rights › Section 3506 - Statement of reasons for distribution

§ 3506. Statement of reasons for distribution.
In an order made under this chapter for the distribution of property, the court shall set forth the percentage of distribution for each marital asset or group of assets and the reason for the distribution ordered.
(Nov. 29, 2004, P.L.1357, No.175, eff. 60 days)
2004 Amendment.
Section 5(11) of Act 175 provided that the amendment shall apply to all orders made on or after the effective date of par. (11).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 35 - Property Rights › Section 3507 - Division of entireties property between divorced persons

§ 3507. Division of entireties property between divorced persons.
(a) General rule.--
Whenever married persons holding property as tenants by entireties are divorced, they shall, except as otherwise provided by an order made under this chapter, thereafter hold the property as tenants in common of equal one-half shares in value, and either of them may bring an action against the other to have the property sold and the proceeds divided between them.
(b) Division of proceeds.--
Except as provided in subsection (c), the proceeds of a sale under this section, after the payment of the expenses of sale, shall be equally divided between the parties.
(c) Liens.--
The amount of any lien entered of record jointly against both of the parties, together with any interest due on the lien and docket costs, shall be deducted from the proceeds of sale and the amount of the liens entered of record against either of the parties, together with any interest due on the liens and docket costs, shall be deducted from the share of the party against whom the lien is filed and paid to the person or persons to whom the amount of the lien is due and payable.
(d) Record of divorce decree.--
No decree of divorce shall be effective to change the existing law relating to liens upon property held by tenants by the entireties except a decree of divorce that is valid in this Commonwealth and not until the decree of divorce or a certified copy of the decree is recorded in the office of the recorder of deeds of the county where the property is situate. The decree shall be indexed in the grantor's index against each of the tenants by the entireties.
Saved from Suspension.
Pennsylvania Rule of Civil Procedure No. 1910.49, as amended March 30, 1994, provided that section 3507 shall not be deemed suspended or affected by Rules 1910.1 through 1910.31 governing actions for support insofar as section 3507 provides for tenancy in common of property held by the entireties after divorce.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 35 - Property Rights › Section 3508 - Conveyance of entireties property to divorced spouse

§ 3508. Conveyance of entireties property to divorced spouse.
Whenever married persons have acquired real estate as tenants by entireties and thereafter are divorced, either former spouse, except as otherwise provided by an order made under this chapter, may convey to the other, without the joinder of the other, the grantor's interest in the real estate so that the grantee holds the real estate in fee simple, freed from all right, title and interest which the grantor had in the real estate as a tenant by the entireties.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 37 - Alimony and Support › Extra - Chapter Notes

Enactment.
Chapter 37 was added December 19, 1990, P.L.1240, No.206, effective in 90 days.
Cross References.
Chapter 37 is referred to in section 3505 of Title 5 (Athletics and Sports).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 37 - Alimony and Support › Section 3702 - Alimony pendente lite, counsel fees and expenses

§ 3702. Alimony pendente lite, counsel fees and expenses.
(a) General rule.--
In proper cases, upon petition, the court may allow a spouse reasonable alimony pendente lite, spousal support and reasonable counsel fees and expenses. Reasonable counsel fees and expenses may be allowed pendente lite, and the court shall also have authority to direct that adequate health and hospitalization insurance coverage be maintained for the dependent spouse pendente lite.
(b) Exception.--
Except where the court finds that an order for alimony pendente lite or spousal support is necessary to prevent manifest injustice, a party who has been convicted of committing a personal injury crime against the other party shall not be entitled to spousal support or alimony pendente lite. Any amount paid by the injured party after the commission of the offense but before the conviction of the other party shall be recoverable by the injured party upon petition.
(Dec. 16, 1997, P.L.549, No.58, eff. Jan. 1, 1998; Mar. 24, 1998, P.L.204, No.36, eff. imd.; Oct. 24, 2018, P.L.680, No.102, eff. 60 days)
1997 Amendment.
Act 58 of 1997 was suspended by Pennsylvania Rule of Civil Procedure No. 1910.50(3), as amended May 31, 2000, insofar as it is inconsistent with Rule No. 1910.20 relating to the availability of remedies for collection of past due and overdue support.
Cross References.
Section 3702 is referred to in section 3703 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 37 - Alimony and Support › Section 3703 - Enforcement of arrearages

§ 3703. Enforcement of arrearages.
If at any time a party is in arrears in the payment of alimony or alimony pendente lite as provided for in sections 3701 (relating to alimony) and 3702 (relating to alimony pendente lite, counsel fees and expenses), the court may, after hearing, in order to effect payment of the arrearages:
(1) Enter judgment.
(2) Authorize the taking and seizure of the goods and chattels and the collection of the rents and profits of the real estate of the party.
(3) Attach no more than 50% of the wages of the party.
(4) Award interest on unpaid installments.
(5) Require security to insure future payments.
(6) Issue attachment proceedings, directed to the sheriff or other proper officer of the county, directing that the person named as having failed to comply with the court order be brought before the court at such time as the court may direct. If the court finds, after hearing, that the named person willfully failed to comply with the court order, it may declare the person in civil contempt of court and in its discretion make an appropriate order, including, but not limited to, commitment of the person to prison for a period not to exceed six months.
(7) Award counsel fees and costs.
Cross References.
Section 3703 is referred to in section 3701 of this title; sections 8102, 8533.1 of Title 24 (Education); sections 5102, 5953.1 of Title 71 (State Government).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 37 - Alimony and Support › Section 3704 - Payment of support, alimony and alimony pendente lite

§ 3704. Payment of support, alimony and alimony pendente lite.
When so ordered by the court, all payments of child and spousal support, alimony or alimony pendente lite shall be made to the domestic relations section of the court which issued the order or the domestic relations section of the court at the residence of the party entitled to receive the award. The domestic relations section shall keep an accurate record of all payments and shall notify the court immediately whenever a person subject to a payment order is 30 days in arrears of payment so that appropriate action may be taken to enforce the order of the court. The domestic relations section shall distribute the payments to the person entitled to them as soon as possible after receipt.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 37 - Alimony and Support › Section 3705 - Enforcement of foreign decrees

§ 3705. Enforcement of foreign decrees.
(a) General rule.--
Whenever a person subject to a valid decree of a sister state or territory for the distribution of marital property or for the payment of alimony, temporary alimony or alimony pendente lite, or the property of that person is found within this Commonwealth, the obligee of the decree may petition the court where the obligor or the property of the obligor is found to register, adopt as its own and enforce the decree as a properly issued and authenticated decree of a sister state or territory. Upon registration and adoption, such relief and process for enforcement as is provided or prescribed by law in similar cases originally commenced in this Commonwealth shall be available. A copy of the decree and order shall be forwarded to the court of the state or territory which issued the original decree. The obligor shall have whatever defenses and relief are available to the obligor in the state or territory which issued the original decree and may question the jurisdiction of that court if not otherwise barred. Interest may be awarded on unpaid installments and security may be required to insure future payments as in cases originally commenced in this Commonwealth. Where property of the obligor, but not the person of the obligor, is found within this Commonwealth, there shall be jurisdiction quasi in rem, and, upon registration and adoption of the decree of the sister state or territory, relief and enforcement of the decree shall be available as in other proceedings which are quasi in rem.
(b) Optional procedure.--
The right of a judgment creditor to proceed under 42 Pa.C.S. § 4306 (relating to enforcement of foreign judgments) or otherwise instead of proceeding under this section remains unimpaired.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 37 - Alimony and Support › Section 3706 - Bar to alimony

§ 3706. Bar to alimony.
No petitioner is entitled to receive an award of alimony where the petitioner, subsequent to the divorce pursuant to which alimony is being sought, has entered into cohabitation with a person of the opposite sex who is not a member of the family of the petitioner within the degrees of consanguinity.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 37 - Alimony and Support › Section 3707 - Effect of death of either party

§ 3707. Effect of death of either party.
Upon the death of the payee party, the right to receive alimony pursuant to this chapter shall cease. Upon the death of the payor party, the obligation to pay alimony shall cease unless otherwise indicated in an agreement between the parties or an order of court.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 39 - Mediation › Section 3901 - Mediation programs

§ 3901. Mediation programs.
(a) Establishment.--
A court may establish a mediation program for actions brought under this part or Chapter 53 (relating to custody).
(b) Issues subject to mediation.--
When a program has been established pursuant to subsection (a), the court may order the parties to attend an orientation session to explain the mediation process. Thereafter, should the parties consent to mediation, the court may order them to mediate such issues as it may specify.
(c) Local rules.--
(1) The court shall adopt local rules for the administration of the mediation program to include rules regarding qualifications of mediators, confidentiality and any other matter deemed appropriate by the court.
(2) The court shall not order an orientation session or mediation in a case where either party or child of either party is or has been a subject of domestic violence or child abuse at any time during the pendency of an action under this part or within 24 months preceding the filing of any action under this part.
(d) Model guidelines.--
The Supreme Court shall develop model guidelines for implementation of this section and shall consult with experts on mediation and domestic violence in this Commonwealth in the development thereof. The effective date of this chapter shall not be delayed by virtue of this subsection.
References in Text.
Former Chapter 53 (Custody), referred to in this section, is repealed. The subject is now contained in Chapter 53 (Child Custody).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 39 - Mediation › Section 3902 - Fees and costs

§ 3902. Fees and costs.
(a) Imposition of fee.--
A county in which the court has established a mediation program may impose an additional filing fee of up to $20 on divorce and custody complaints to be used to fund the mediation program.
(b) Assessment of additional costs.--
The court may assess additional costs of mediation on either party.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 41 - General Provisions › Section 4101 - Liability for debts contracted before marriage

§ 4101. Liability for debts contracted before marriage.
(a) General rule.--
A spouse is not liable for the debts of the other spouse contracted before marriage.
(b) Liability of property unaffected.--
This chapter does not protect the property of a married person from liability for debts contracted by or in the name of the married person by any person authorized to so contract.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 41 - General Provisions › Section 4102 - Proceedings in case of debts contracted for necessaries

§ 4102. Proceedings in case of debts contracted for necessaries.
In all cases where debts are contracted for necessaries by either spouse for the support and maintenance of the family, it shall be lawful for the creditor in this case to institute suit against the husband and wife for the price of such necessaries and, after obtaining a judgment, have an execution against the spouse contracting the debt alone; and, if no property of that spouse is found, execution may be levied upon and satisfied out of the separate property of the other spouse.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 41 - General Provisions › Section 4104 - Right of married person to separate earnings

§ 4104. Right of married person to separate earnings.
Except as otherwise provided in this title, the separate earnings of any married person of this Commonwealth, whether these earnings are wages for labor, salary, property, business or otherwise, shall accrue to and enure to the separate benefit and use of that married person independently of the other spouse, and so as not to be subject to any legal claim of the other spouse. However, in any action in which the ownership of such property is in dispute, the person claiming such property shall be compelled, in the first instance, to show title and ownership in the property.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 41 - General Provisions › Section 4105 - Loans between married persons

§ 4105. Loans between married persons.
A married person may loan the other spouse money from the separate estate of the married person and take in security therefor a judgment or mortgage against the property of the other spouse which shall be valid as otherwise provided by law.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 43 - Support Matters Generally › Extra - Chapter Notes

Enactment.
Chapter 43 was added October 30, 1985, P.L.264, No.66, effective in 90 days.
Cross References.
Chapter 43 is referred to in sections 5603, 6108 of this title; section 3505 of Title
            5 (Athletics and Sports); section 9763 of Title 42 (Judiciary and Judicial Procedure).
Enactment.
Subchapter D was added December 19, 1990, P.L.1240, No.206, effective in 90 days.
Enactment.
Subchapter E was added December 16, 1997, P.L.549, No.58, effective January 1, 1998.
Enactment.
Subchapter F was added December 16, 1997, P.L.549, No.58, effective January 1, 1998.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 43 - Support Matters Generally › Section 4301 - Scope of chapter

§ 4301. Scope of chapter.
(a) General rule.--
Actions or proceedings provided by this chapter are in addition to and not in substitution of actions or proceedings provided by unsuspended statutes where there is desertion or a failure to perform a duty to support.
(b) Persons in institutions and foster homes.--
Matters relating to the support of persons living in public or private institutions or receiving foster home care and who are otherwise entitled to support under this chapter shall be determined by the court under the statutes pertaining to those institutions or foster homes.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 43 - Support Matters Generally › Section 4303 - Information to consumer reporting agency

§ 4303. Information to consumer reporting agency.
Information regarding the name and the amount of arrearages owed by an obligor shall be provided periodically to consumer reporting agencies whenever the obligor owes overdue support, subject to the following:
(1) The information shall be available only after the obligor owing the arrearages has been notified of the proposed action and given a period not to exceed 20 days to contest the accuracy of the information. The notice shall be as provided by local rule of the court of common pleas.
(2) Such information shall not be made available to:
(i) a consumer reporting agency which the department determines not to have sufficient capability to systematically and timely make accurate use of such information; or
(ii) an entity which has not furnished evidence satisfactory to the department that the entity is a consumer reporting agency.
(Apr. 4, 1996, P.L.58, No.20, eff. imd.; Dec. 16, 1997, P.L.549, No.58, eff. Jan. 1, 1998)
1997 Amendment.
Act 58 of 1997 was suspended by Pennsylvania Rule of Civil Procedure No. 1910.50(3), as amended May 31, 2000, insofar as it is inconsistent with Rule No. 1910.20 relating to the availability of remedies for collection of past due and overdue support.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 43 - Support Matters Generally › Section 4304 - Cooperation of Commonwealth agencies (Repealed)

§ 4304. Cooperation of Commonwealth agencies (Repealed).
1996 Repeal.
Section 4304 was repealed October 16, 1996, P.L.706, No.124, effective in 60 days.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 43 - Support Matters Generally › Section 4306 - Duties of Title IV-D attorney

§ 4306. Duties of Title IV-D attorney.
(a) General rule.--
The county Title IV-D attorney shall at all times aid in the enforcement of the duty of child support and child and spousal support and shall cooperate with the domestic relations section in the presentation of complaints or in any proceeding designed to obtain compliance with any order of the court.
(b) Representation of complainant.--
The district attorney, upon the request of the court or a Commonwealth or local public welfare official, shall represent any complainant in any proceeding under this subchapter.
(b.1) Representation of Commonwealth.--
In matters relating to the establishment and enforcement of child support and child and spousal support, the Title IV-D interests of the Commonwealth shall be represented, where appropriate, by the county Title IV-D attorney in a proceeding for child support and child and spousal support.
(c) Joinder of Department of Public Welfare.--
Whenever the record in any support action or proceeding indicates that the persons for whom support is sought have received public assistance from the Department of Public Welfare at any time since the initiation of the matter, the department may become a party to the action or proceeding by filing an entry of appearance. This entry of appearance may be entered without leave of court at any time and at any stage of the action or proceeding.
(July 2, 1993, P.L.431, No.62, eff. imd.; Dec. 16, 1997, P.L.549, No.58, eff. Jan. 1, 1998)
1997 Amendment.
Act 58 amended the section heading and subsec. (a) and added subsec. (b.1). Act 58 of 1997 was suspended by Pennsylvania Rule of Civil Procedure No. 1910.50(3), as amended May 31, 2000, insofar as it is inconsistent with Rule No. 1910.20 relating to the availability of remedies for collection of past due and overdue support.
1993 Amendment.
Section 7 of Act 62 provided that subsec. (c) shall apply to actions pending on the effective date of Act 62 under section 8(3) of Act 62.
References
in Text.
The Department of Public Welfare, referred to in this section, was redesignated as the Department of Human Services by Act 132 of 2014.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 43 - Support Matters Generally › Section 4307 - State income tax intercept

§ 4307. State income tax intercept.
The department shall have the authority to implement a State income tax refund intercept program pursuant to section 466(a)(3) of the Social Security Act (Public Law 74-271, 42 U.S.C. § 666(a)(3)) when, in the judgment of the department, it is cost effective to do so.
(Dec. 16, 1997, P.L.549, No.58, eff. Jan. 1, 1998)
1997 Amendment.
Act 58 of 1997 was suspended by Pennsylvania Rule of Civil Procedure No. 1910.50(3), as amended May 31, 2000, insofar as it is inconsistent with Rule No. 1910.20 relating to the availability of remedies for collection of past due and overdue support.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 43 - Support Matters Generally › Section 4309 - Publication of delinquent support obligors

§ 4309. Publication of delinquent support obligors.
(a) General rule.--
Any county, through its domestic relations section, may publish the names of delinquent support obligors who are in arrears 30 days or more in newspapers of general or special circulation in the county.
(b) Immunity.--
The county, its officials and newspapers shall be immune from any and all criminal and civil liability as a result of the publication of names and identities under subsection (a), unless the publication is a result of intentional misconduct by the county, its officials or newspapers.
(July 2, 1993, P.L.431, No.62, eff. 60 days)
1993 Amendment.
Act 62 added section 4309.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 43 - Support Matters Generally › Section 4321 - Liability for support

§ 4321. Liability for support.
Subject to the provisions of this chapter:
(1) Married persons are liable for the support of each other according to their respective abilities to provide support as provided by law.
(2) Parents are liable for the support of their children who are unemancipated and 18 years of age or younger.
(2.1) Paragraph (2) applies whether or not parental rights of the parent have been terminated due to a conviction for any of the following where the other parent is the victim and a child has been conceived as a result of the offense:
(i) 18 Pa.C.S. § 3121 (relating to rape);
(ii) 18 Pa.C.S. § 3122.1 (relating to statutory sexual assault);
(iii) 18 Pa.C.S. § 3124.1 (relating to sexual assault), where the offense involved sexual intercourse;
(iv) 18 Pa.C.S. § 3124.2 (relating to institutional sexual assault), where the offense involved sexual intercourse; or
(v) 18 Pa.C.S. § 4302 (relating to incest), where the offense involved sexual intercourse.
Paternity of the child under this paragraph shall be established through voluntary acknowledgment of paternity or blood, genetic or other type of paternity test acceptable to the court. The cost of the testing shall be borne by the parent who was convicted of the offense.
(3) Parents may be liable for the support of their children who are 18 years of age or older.
(Oct. 1, 2015, P.L.172, No.40, eff. 60 days)
2015 Amendment.
Act 40 added par. (2.1). Section 3 of Act 40 provided that par. (2.1) shall apply to any action regarding custody of a child under Chapter 43 or 53 that is filed on or after the effective date of section 3.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 43 - Support Matters Generally › Section 4322 - Support guideline

§ 4322. Support guideline.
(a) Statewide guideline.--
Child and spousal support shall be awarded pursuant to a Statewide guideline as established by general rule by the Supreme Court, so that persons similarly situated shall be treated similarly. The guideline shall be based upon the reasonable needs of the child or spouse seeking support and the ability of the obligor to provide support. In determining the reasonable needs of the child or spouse seeking support and the ability of the obligor to provide support, the guideline shall place primary emphasis on the net incomes and earning capacities of the parties, with allowable deviations for unusual needs, extraordinary expenses and other factors, such as the parties' assets, as warrant special attention. The guideline so developed shall be reviewed at least once every four years.
(b) Rebuttable presumption.--
There shall be a rebuttable presumption, in any judicial or expedited process, that the amount of the award which would result from the application of such guideline is the correct amount of support to be awarded. A written finding or specific finding on the record that the application of the guideline would be unjust or inappropriate in a particular case shall be sufficient to rebut the presumption in that case, provided that the finding is based upon criteria established by the Supreme Court by general rule within one year of the effective date of this act.
(Dec. 20, 1989, P.L.654, No.81, eff. imd.)
Cross References.
Section 4322 is referred to in section 4305 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 43 - Support Matters Generally › Section 4323 - Support of emancipated child

§ 4323. Support of emancipated child.
(a) Emancipated child.--
A court shall not order either or both parents to pay for the support of a child if the child is emancipated.
(b) Marital status of parents immaterial.--
In making an order for the support of a child, no distinction shall be made because of the marital status of the parents.