Interim Agreements in Pennsylvania Divorces

Posted by – September 12, 2012

During the course of the divorce proceeding it is quite frequent that the parties may enter into a variety of interim agreements often for the purpose of avoiding anticipated problems or resolving interim issues that would otherwise be litigated.  These agreements can include the following:
  • Exclusive Possession of the Marital Residence: Where one party is allowed to use the marital residence and the other party is not permitted to enter the residence except upon limited and very specifically set forth terms.
  • Advance Distribution: Parties frequently agree on an interim or advance distribution of assets, often for the purpose of providing funds for attorneys’ fees, expert witnesses, the down payment on a car or a home, etc., etc.  These advance distributions are intended to be accounted for and recognized when the parties ultimately reach a final settlement or when they go to court to have the court determine what will be the final distribution of assets.
  • Freezing of Assets: Where there is a risk that one party may dissipate an asset or attempt to remove it beyond the control of the court, the other party can ask the court to freeze that asset or a group of assets.  This might arise when a spouse has cleaned out a joint bank account, or has threatened to do so, or where a party may have significant accounts in that party’s own name, or when a party has the ability to borrow against or liquidate a pension account, etc., etc.  The threat of or actual initiation of litigation to prevent further dissipation or to freeze funds inappropriately removed, frequently results in the parties reaching an agreement to freeze those assets or proceeds.  Such agreements are often entered as stipulated (or “agreed upon”) orders.