From The Legal Intelligencer: Alimony Agreement Non-Modifiable Unless Permitted by Agreement
In an article published in The Legal Intelligencer on June 22, 2020, family law partner Michael Bertin discusses the recent case of Rosiecki v. Rosiecki _____, A.3d _____, 2020 PA Super. 92 (Pa. Super. 2020). This case is important for family law practitioners and the family court bench because it serves a reminder to the family law practitioner when drafting marital settlement agreements. In Pennsylvania, alimony is considered a secondary remedy to equitable distribution and it can either be agreed upon by the parties or ordered by a court.
When alimony exists pursuant to an agreement between the parties, the language of the agreement controls the alimony and the alimony is only modifiable or subject to suspension or termination if the agreement so provides.
Michael is the Chair of the Family Law Section of the Pennsylvania Bar Association. He is listed in Best Lawyers in America and has published over one hundred articles. Michael co-authored the book on Pennsylvania child custody law “Pennsylvania Child Custody Law, Practice, and Procedure”, used by judges and lawyers across the state as a reference. He is a Fellow in the American Academy of Matrimonial Lawyers and has an active family law practice, handling all phases of the negotiation and litigation of domestic relations cases, including divorce, custody, support, alimony, property distribution, prenuptial agreements and related issues. Michael also serves as chair of Obermayer’s Pro Bono Committee.