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Judge: Divorce Code Does Not Apply in Same-Sex Splits
An Allegheny County, PA, Common Pleas Court judge has rejected a woman's attempt to have a brokerage account she entered into with her same-sex partner of 20 years divided equally between the two by applying aspects of the state's Divorce Code to an ongoing property division dispute between her and her same-sex partner of 20 years. Instead, Judge R. Stanton Wettick Jr. ruled, the proper means of distribution is to proportionately divide the account based on each party's contributions ' a process found in the Multiple Party Accounts Act.
The Decision
The judge said his decision did not constitute a discrimination of sexual preference. “First, Ms. King and Ms. Boyle, if they had wished to do so, could have drafted and executed an agreement providing that regardless of who makes payments into the National City Account, it shall be divided 50/50 as of the date the relationship between the parties is terminated. Such an agreement would be recognized in the Pennsylvania courts,” Wettick wrote in the decision, Boyle v. King. “Second, Ms. Boyle states that, as this court has found, she never agreed to divide all assets based on a 50/50 basis. Therefore, to change the rules as to existing accounts by looking at the names on the account to determine whether an irrevocable gift was made would violate her rights.”
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