Yuhas v. Yuhas
79 A.3d 700
Pa. Super. Ct.2013Background
- Married 1988, separated July 20, 2007; both age 51 at opinion.
- Disability policy issued 1988; premiums paid by spouses early on, later by Husband’s practice.
- Husband applied for disability in April 2007; approved July 18, 2007; lump-sum retroactive payment of $71,000 recognized as marital property.
- Post-separation, Husband received monthly disability checks of $10,200 contingent on ongoing disability.
- Master held all monthly disability benefits were marital property under Drake; trial court later held payments after separation are income, not marital property.
- Wife appeals the June 6, 2011 order affirming the Master’s Supplemental Report and the trial court’s determination.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether post-separation disability payments are marital property. | Yuhas contends Drake/Focht require marital treatment. | Yuhas argues payments post-separation are non-marital due to accrual timing and ongoing evaluation. | Post-separation payments are income, not marital property. |
| Whether the policy was purchased with marital funds, making all proceeds marital property. | Focht/Schubert support treating funds used to purchase as marital. | Policy purchased during marriage; benefits are contingent and not accrual-based like lump sums. | Insurance policy premarily purchased during marriage; post-separation payments are not marital property. |
Key Cases Cited
- Drake v. Drake, 555 Pa. 481 (Pa. 1999) (accrual timing governs 3501(a)(8) application for lump-sum awards)
- Focht v. Focht, 613 Pa. 48 (Pa. 2011) (accrual of cause of action governs marital property; exceptions to 3501(a)(8))
- Schubert v. Schubert, 580 A.2d 1351 (Pa. Super. 1990) (premiums paid during marriage affect characterization of proceeds)
- DeMasi v. DeMasi, 530 A.2d 871 (Pa. Super. 1987) (insurance proceeds after separation tied to policy purchase funds)
- Fexa v. Fexa, 578 A.2d 1319 (Pa. Super. 1990) (cash surrender value and marital property)
- Lindsey v. Lindsey, 492 A.2d 396 (Pa. Super. 1985) (insurance-related marital property considerations)