Pennsylvania Consolidated Statutes

23 Pa. Cons. Stat. § 3102 (2026)

Legislative findings and intent.

✓ current as of May 2026

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§ 3102. Legislative findings and intent.

(a) Policy.--The family is the basic unit in society and the protection and preservation of the family is of paramount public concern. Therefore, it is the policy of the Commonwealth to:

(1) Make the law for legal dissolution of marriage effective for dealing with the realities of matrimonial experience.

(2) Encourage and effect reconciliation and settlement of differences between spouses, especially where children are involved.

(3) Give primary consideration to the welfare of the family rather than the vindication of private rights or the punishment of matrimonial wrongs.

(4) Mitigate the harm to the spouses and their children caused by the legal dissolution of the marriage.

(5) Seek causes rather than symptoms of family disintegration and cooperate with and utilize the resources available to deal with family problems.

(6) Effectuate economic justice between parties who are divorced or separated and grant or withhold alimony according to the actual need and ability to pay of the parties and insure a fair and just determination and settlement of their property rights.

(b) Construction of part.--The objectives set forth in subsection (a) shall be considered in construing provisions of this part and shall be regarded as expressing the legislative intent.

Notes of Decisions

Cited in 47 cases (5 in the last 5 years), 1991–2025 · leading case: Perlberger v. Perlberger, 626 A.2d 1186 (Pa. Super. Ct. 1993).

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Perlberger v. Perlberger, 626 A.2d 1186 (Pa. Super. Ct. 1993). · cites it 10× “23 Pa.C.S. § 3102(a). Acknowledging this, the legislature pronounced the following as the policy of the Commonwealth: to make the legal dissolution of marriage effective for dealing with the realities of matrimonial experience; to encourage reconciliation and settlement,…”

Fisher v. Fisher, 769 A.2d 1165 (Pa. 2001). · cites it 6× “Fisher has violated 23 Pa.C.S. § 3102(a)(6) (policy of effectuating economic justice between parties who are divorced) or otherwise deprived her, under principles of equity, of assets she is entitled to receive.”

Harvey, C. v. Harvey, R., 167 A.3d 6 (Pa. Super. Ct. 2017). · cites it 2× “23 Pa.C.S. § 3102(a)(6). In reviewing equitable distribution orders, [our standard] of review .”

Smith v. Smith, 938 A.2d 246 (Pa. 2007). · cites it 2× “23 Pa.C.S. § 3102(a)(6) (providing that it is the policy of the Commonwealth to "[e]ffectuate economic justice between parties").”

Anderson v. Anderson, 822 A.2d 824 (Pa. Super. Ct. 2003). · cites it 2× “¶ 10 The introduction to the Divorce Code of 1980, amended 1990, 23 Pa.C.S. § 3102, Legislative findings and intent, is the guiding principle for determination of the issues involving divorce and distribution of marital property.”

Middleton v. Brown Middleton, 812 A.2d 1241 (Pa. Super. Ct. 2002). · cites it 2× “§ 102(a)(6) [now 23 Pa.C.S. § 3102(a)(6) ]." Hutnik v. Hutnik, 369 Pa.”

Berrington v. Berrington, 633 A.2d 589 (Pa. 1993). · cites it 2× “Since the Divorce Code has given the Courts the responsibility for achieving equitable results, 23 Pa.C.S. § 3102(a)(6) (formerly 23 P.S.”

Isralsky v. Isralsky, 824 A.2d 1178 (Pa. Super. Ct. 2003). “§ 102(a)(6) [now 23 Pa.C.S. § 3102(a)(6) ].” Hutnik v. Hutnik, 369 Pa.”

Pankoe, L. v. Pankoe, R., 222 A.3d 443 (Pa. Super. Ct. 2019). “23 Pa.C.S. § 3102(a). Acknowledging this, the legislature pronounced the following as the policy of the Commonwealth: to make the legal dissolution of marriage effective for dealing with the realities of matrimonial experience; to encourage reconciliation and settlement,…”

Gordon v. Gordon, 647 A.2d 530 (Pa. Super. Ct. 1994). · cites it 3× “Husband worked as a chemical engineer for Sun Oil Company from June 6, 1960 to July 1, 1987, at which time he accepted early retirement. His income consists of stock dividends and pension benefits.”

Wagoner v. Wagoner, 648 A.2d 299 (Pa. 1994). · cites it 2× “23 Pa.C.S. § 3102(a)(6). The real question here is not whether relief in the form of a reduction of the alimony award should have been granted under section 3701(e); the trial court's decision to deny relief was a manifestly unreasonable disregard of the reality of appellant's…”

Neyman, F. v. Buckley, F., 153 A.3d 1010 (Pa. Super. Ct. 2016). · cites it 2× “999 (defining matrimony as “The ceremony or state of being married; MARRIAGE (1)”) (2004); Webster’s Third New International Dictionary 1393 (1986) (defining matrimony as "1 a ; the union of a man and woman as husband and wife : married state : married life ; MARRIAGE); Black…”

Show all 47 citing cases →

— 23 Pa. Cons. Stat. § 3102(a) — 6 cases

Perlberger v. Perlberger, 626 A.2d 1186 (Pa. Super. Ct. 1993). “23 Pa.C.S. § 3102(a). Acknowledging this, the legislature pronounced the following as the policy of the Commonwealth: to make the legal dissolution of marriage effective for dealing with the realities of matrimonial experience; to encourage reconciliation and settlement,…”

Savage v. Savage, 736 A.2d 633 (Pa. Super. Ct. 1999).

Frankel v. Warwick Hotel, 881 F. Supp. 183 (E.D. Pa. 1995).

Pankoe, L. v. Pankoe, R., 2019 Pa. Super. 327 (Pa. Super. Ct. 2019).

— 23 Pa. Cons. Stat. § 3102(a)(1) — 2 cases

Neyman, F. v. Buckley, F., 153 A.3d 1010 (Pa. Super. Ct. 2016). “999 (defining matrimony as “The ceremony or state of being married; MARRIAGE (1)”) (2004); Webster’s Third New International Dictionary 1393 (1986) (defining matrimony as "1 a ; the union of a man and woman as husband and wife : married state : married life ; MARRIAGE); Black…”

— 23 Pa. Cons. Stat. § 3102(a)(3) — 1 case

— 23 Pa. Cons. Stat. § 3102(a)(6) — 33 cases

Fisher v. Fisher, 769 A.2d 1165 (Pa. 2001). “Fisher has violated 23 Pa.C.S. § 3102(a)(6) (policy of effectuating economic justice between parties who are divorced) or otherwise deprived her, under principles of equity, of assets she is entitled to receive.”

Harvey, C. v. Harvey, R., 167 A.3d 6 (Pa. Super. Ct. 2017). “23 Pa.C.S. § 3102(a)(6). In reviewing equitable distribution orders, [our standard] of review .”

Smith v. Smith, 938 A.2d 246 (Pa. 2007). “23 Pa.C.S. § 3102(a)(6) (providing that it is the policy of the Commonwealth to "[e]ffectuate economic justice between parties").”

Middleton v. Brown Middleton, 812 A.2d 1241 (Pa. Super. Ct. 2002). “§ 102(a)(6) [now 23 Pa.C.S. § 3102(a)(6) ]." Hutnik v. Hutnik, 369 Pa.”

— 23 Pa. Cons. Stat. § 3102(a)(l) — 1 case

— 23 Pa. Cons. Stat. § 3102(b) — 1 case

Dutton v. Dutton, 30 Pa. D. & C.4th 443 (1996).

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