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Pennsylvania stopped recognizing Common Law Marriages as of January 1, 2005; however, if you had established a Common Law Marriage in Pennsylvania BEFORE that date, Pennsylvania Law preserves the validity of such marriages.  An established Common Law Marriage may provide you with certain benefits such as spousal death benefits, Social Security surviving spouse benefits, or zero percent inheritance tax (as opposed to 15% for unrelated persons). 

In the event an established Common Law Marriage ends in a permanent breakup, either spouse may be entitled to a property division, spousal support or alimony, depending on the circumstances.  In claiming a Common Law Marriage, you will most likely be asked to provide the Court with records that can establish proof of the marriage, such as joint tax returns or joint loans.  You may be asked to provide witnesses who can testify that, while you were a couple, you held yourselves out to family, friends and the community as a married couple.  Witnesses may be asked if there was ever any type of ceremony; if so, what was said at the ceremony.  The statement of the intent to become a Husband and Wife is the key requirement.

The Social Security Resource Center states that once you have cleared the state hurdle to establish a Common Law Marriage in Pennsylvania, it is just a matter of filing the appropriate Social Security paperwork to claim benefits.  The Social Security Office

will not make a determination regarding a Common Law Marriage until it is actually time to make a claim.  At that time, they will require both spouses to complete a “Statement of Marital Relationship” and to provide an additional statement from a blood relative affirming the marriage.  If your common-law spouse has died and you are seeking survivor benefits, you must provide your own statement, one from a blood relative of yours and two from blood relatives of the deceased.  Social Security may seek corroborating evidence that the couple consider (or considered) themselves spouses, such as mortgage or rent receipts, insurance policies or bank records. 

            In addition, the children of deceased common-law spouses (i.e. parents) may qualify for survivor benefits.  The question of Social Security benefits for common-law marriages between same-sex partners is legally unsettled at this time.  Same-sex relationships are being addressed piecemeal, as relevant cases work their way through State courts.

If you believe that you may be entitled to spousal benefits or social security survivor benefits as the result of a Common Law Marriage that was established prior to January 1, 2005, please contact us at 717-299-7342 for a convenient appointment to discuss your situation. Pyfer Reese Straub Gray & Farhat PC can help.

         Parent/Child “Bonding” Assessments – wait, what?  

     One of the most precious rights protected by the law is that of a parent’s right to raise his or her child. When that right is threatened by a termination of parental rights proceeding, it is important that the parent use every tool available in order to win the case.

        Before a court can terminate the parental rights of a parent, the court is obligated to determine whether that termination of parental rights is in the best interests of the child. That “best interests” analysis invariably boils down to whether the parent and child are bonded with one another. To prove that a meaningful parent-child exists, a parent can request that the court direct that a bonding assessment be done.

     A bonding assessment is an evaluation conducted by an expert, usually a psychologist, whose goal is to determine the nature and quality of the child’s attachment relationships to his or her birth and/or foster parents. A bonding assessment will involve a series of interviews during which the evaluator will observe the interaction between the parent(s) and child, as well as the interaction between any foster parent(s) and the child. The evaluator will look for reciprocal attachment between the parental figures and the child, as well as how the child behaves in response to a stranger (the evaluator) during the interview. The evaluator will review the history of the family and the case. After the interviews are concluded, the evaluator will issue a written report of the expert’s findings for review by the parties and eventual submission to the court.

      A good bonding assessment will explore the child’s capacity for attachment, and determine the persons with whom the child needs to feel safe. The bonding assessment should also explore who is most central in the child’s emotional life and determine the quality of that relationship. The bonding assessment should offer an opinion as to whether there exist any risks or benefits to the well-being of the child if parental rights to the child are terminated.

     Although mostly utilized in Children and Youth Agency cases, bonding evaluations are also used in custody cases, if there is issue about the bond and relationship between a young child and a parent.

     Since legal cases of this nature are fact intensive, a bonding assessment is not appropriate for every parent nor for every case, and the decision of whether to request a bonding assessment from the court should first be discussed with legal counsel familiar with the process.

What this means for you: If you have questions about your Children and Youth case, we can help you. Make Pyfer Reese Straub Gray & Farhat PC your choice – visit www.pyferreese.com or call (717) 299-7342 to schedule a consultation with Albert J. Meier. ~Albert J. Meier, Esquire

              Eligibility for and Quirkiness of SSI (Social Security Income).

      To be eligible for Supplemental Security Income (SSI), an individual has to be aged (65 or older), blind or disabled, and have limited income and resources. Normally the person who is eligible to receive SSI does have enough of a work history to be eligible to receive disability insurance benefits. A person must work about 10 years before becoming eligible for Social Security Disability benefits (SSDI). For a person to be able to receive SSI, he/she would not be able to own monthly resources worth more than $2,000.00. The amount a couple is allowed to own is $3,000.00.

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A Prenuptial Agreement is an agreement between two individuals who intend to marry. The Agreement can limit many things or only a few things. The content of the Agreement depends on what the parties (potential Husband and potential Wife) desire to address. Some of the reasons that engaged couples prepare and sign Prenuptial Agreements are the following.

• The protection of existing assets.

• Avoid paying spousal support, temporary alimony, and alimony.

• The protection of business interests, particularly family businesses.

• The protection of assets that were received as a result of a gift or inheritance or from a prior relationship.

• Estate planning.

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If you created a Living Trust or a Revocable Trust years ago when the Federal Estate Tax Laws were completely different than they are today, it is a good idea to have the Trust reviewed by an attorney.  It may no longer be appropriate to have your assets titled in the Trust, and it can even be harmful from both a tax standpoint as well as an estate administration standpoint.  It may now be advantageous to have the Trust updated or even revoked.  In some instances, a Trust may have been created, but the assets were never properly transferred to the Trust, which entirely defeats the purpose of the Trust. 

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The key question in nearly all divorce matters is the division of property.  Spouses typically have property acquired before the marriage, during the marriage, and after the marriage.  Under 23 Pa.C.S. §3501, marital property is defined as all property acquired by either spouse during a marriage and the increase in value of non-marital property. The “entirety” of the marriage is from the date of marriage to the date of separation.  Any property acquired or any growth of a marital asset after date of separation is non-marital property, unless marital funds are used to acquire the new asset.  The increase in value of non-marital property may be offset by losses on non-marital property. For example, if one spouse brings two investment accounts to a marriage as pre-marital property, the gain in one account may be decreased by the loss in the other account.

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The Pennsylvania Superior Court recently recognized the custody rights of non-biological parents in R.L. v. M.A., 2740 EDA 2018.  In the case, a couple decided to have a child using the egg from the biological mother and the sperm from a relative of the non-biological mother.  The non-biological mother helped decorate the nursery and selected the child’s first name and was present at the birth of the child.  The couple broke up soon after the child was born.  Initially the non-biological mother had custody of the child every other weekend and when the child was two (2); but the couple agreed to share 50/50 custody.  When the child turned five (5), the couple had a dispute and the biological mother attempted to stop all custody rights of the non-biological mother.  The trial court gave 50/50 custody, finding the non-biological mother in loco parentis and therefore eligible for any form of custody.  In loco parentis means “in the place of a parent.”  Under Pennsylvania Custody Law, an individual who has in loco parentis status can seek primary, shared or partial physical custody of a child.

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