23 Pa. Cons. Stat. § 3323

Decree of court.

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§ 3323. Decree of court.

(a) General rule.--In all matrimonial causes, the court may either dismiss the complaint or enter a decree of divorce or annulment of the marriage.

(b) Contents of decree.--A decree granting a divorce or an annulment shall include, after a full hearing, where these matters are raised in any pleadings, an order determining and disposing of existing property rights and interests between the parties, custody, partial custody and visitation rights, child support, alimony, reasonable attorney fees, costs and expenses and any other related matters, including the enforcement of agreements voluntarily entered into between the parties and accompanied by the information required under subsection (b.1). In the enforcement of the rights of any party to any of these matters, the court shall have all necessary powers, including, but not limited to, the power of contempt and the power to attach wages.

(b.1) Existing beneficiary designations.--An order accompanying a decree of divorce or annulment of the marriage shall include a provision informing the parties to reaffirm or change the beneficiary status on an existing life insurance policy, annuity contract, pension, profit-sharing plan or other contractual arrangement providing for payment to the spouse if it is the intention of one of the parties to keep or change the other party as a beneficiary. The provision shall also warn the parties that failure to do so may result in revocation of the beneficiary designation pursuant to 20 Pa.C.S. § 6111.2 (relating to effect of divorce or pending divorce on designation of beneficiaries). The provision shall be a form as may be prescribed by general rule.

(c) Bifurcation.--(Deleted by amendment).

(c.1) Bifurcation.--With the consent of both parties, the court may enter a decree of divorce or annulment prior to the final determination and disposition of the matters provided for in subsection (b) if the court determines that doing so provides sufficient economic protections for any minor children of the marriage. In the absence of the consent of both parties, the court may enter a decree of divorce or annulment prior to the final determination and disposition of the matters provided for in subsection (b) if:

(1) grounds have been established as provided in subsection (g); and

(2) the moving party has demonstrated that:

(i) compelling circumstances exist for the entry of the decree of divorce or annulment; and

(ii) sufficient economic protections have been provided for the other party and any minor children of the marriage during the pendency of the disposition of the matters provided for in subsection (b).

(d) Substitution for deceased party.--If one of the parties dies after the decree of divorce has been entered, but prior to the final determination in such proceeding of the property rights and interests of the parties under this part, the personal representative of the deceased party shall be substituted as a party as provided by law and the action shall proceed.

(d.1) Death of a party.--In the event one party dies during the course of divorce proceedings, no decree of divorce has been entered and grounds have been established as provided in subsection (g), the parties' economic rights and obligations arising under the marriage shall be determined under this part rather than under 20 Pa.C.S. (relating to decedents, estates and fiduciaries).

(e) Costs.--The court may award costs to the party in whose favor the order or decree shall be entered or may order that each party shall pay their own costs or may order that costs be divided equitably as it shall appear just and reasonable.

(f) Equity power and jurisdiction of the court.--In all matrimonial causes, the court shall have full equity power and jurisdiction and may issue injunctions or other orders which are necessary to protect the interests of the parties or to effectuate the purposes of this part and may grant such other relief or remedy as equity and justice require against either party or against any third person over whom the court has jurisdiction and who is involved in or concerned with the disposition of the cause.

(g) Grounds established.--For purposes of subsections (c.1) and (d.1), grounds are established as follows:

(1) In the case of an action for divorce under section 3301(a) or (b) (relating to grounds for divorce), the court adopts a report of the master or makes its own findings that grounds for divorce exist.

(2) In the case of an action for divorce under section 3301(c), both parties have filed affidavits of consent or, if the presumption in section 3301(c)(2) is established, one party has filed an affidavit of consent.

(3) In the case of an action for divorce under section 3301(d), an affidavit has been filed and no counter-affidavit has been filed or, if a counter-affidavit has been filed denying the affidavit's averments, the court determines that the marriage is irretrievably broken and the parties have lived separate and apart for at least one year at the time of the filing of the affidavit.

(Nov. 29, 2004, P.L.1357, No.175, eff. 60 days; Apr. 21, 2016, P.L.166, No.24, eff. 60 days; Oct. 4, 2016, P.L.865, No.102, eff. 60 days; Nov. 3, 2022, P.L.1691, No.106, eff. 180 days)

2022 Amendment. Act 106 amended subsec. (b) and added subsec. (b.1).

2016 Amendments. Act 24 amended subsec. (g)(2) and Act 102 amended subsecs. (c.1) and (g)(3). Section 2 of Act 102 provided that the amendment of subsec. (g)(3) shall apply to periods of living separate and apart that commence after the effective date of section 2.

2004 Amendment. Act 175 added subsecs. (c.1), (d.1) and (g) and deleted subsec. (c). See section 5(3), (4) and (5) of Act 175 in the appendix to this title for special provisions relating to applicability.

Cross References. Section 3323 is referred to in sections 2106, 2203, 2507, 6111.1, 6111.2 of Title 20 (Decedents, Estates and Fiduciaries).

Notes of Decisions

Cited in 99 cases (24 in the last 5 years), 1991–2025 · leading case: In re Estate of Easterday

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In re Estate of Easterday (2019) pa · cites it 7× “The note to this rule expressly addresses the Tosi decision, providing that "[t]o the extent that Tosi [ ] holds that 23 Pa.C.S. § 3323(d.1) does not prevent the plaintiff in a divorce action from discontinuing the divorce action following the death of the defendant after…”

Yelenic v. Clark (2007) pasuperct · cites it 5× “23 Pa.C.S. § 3323(d.l). Based upon this amendment, Appellant contends that “the legislature made a clear statement that the property issues are of paramount concern in a divorce proceeding and the abatement of an action when one party died prior to the resolution of the property…”

Curran v. Curran (1995) pasuperct · cites it 6× “23 Pa.C.S. § 3323(a). The court can also enter an order for bifurcation when it is not possible to determine and dispose of the matters provided for in 23 Pa.”

Bower v. Bower (1992) pa · cites it 2× “The substance of former Section 401(c) is now provided in a similar provision of the Divorce Code, 23 Pa.C.S. § 3323(f). [5] At the time of the proceedings herein, 23 P.”

Thomas A. Robinson Family Ltd. Partnership v. Bioni (2017) pasuperct “— An order that grants or denies, modifies or refuses to modify, continues or refuses to continue, or dissolves or refuses to dissolve an injunction unless the order was entered: (i) Pursuant to 23 Pa.C.S. §§ 3323(f), 3505(a) [sections of the Divorce Code]; or (ii) After a trial…”

Porter, W. v. Nikita Lodging, Inc. (2022) pasuperct · cites it 2× “____________________________________________ 4 The Rule provides for exceptions, not applicable to this appeal, for orders entered “(i) Pursuant to 23 Pa.C.S. §§ 3323(f), 3505(a); or (ii) after a trial but before entry of the final order.”

Maher v. Maher (2003) pa · cites it 2× “Authority for such an award may be found in Section 3323(f) of the Divorce Code, 23 Pa.C.S. § 3323(f), which provides: Equity power and jurisdiction of the court.”

Tosi v. Kizis (2014) pasuperct · cites it 2× “23 Pa.C.S. § 3323(d.l). The right of a party to obtain a discontinuance of an action is governed by Rule 229.”

Shell, I. v. Shell, B. (2023) pasuperct · cites it 4× “23 Pa.C.S. § 3323. -3- J-A19034-23 Even though no party filed an affidavit under Section 3301(d), Administrator asserted that grounds were established when Wife filed for divorce and claimed that the marriage was irretrievably broken and that the parties had lived separate and…”

Vonada v. Long (2004) pasuperct · cites it 2× “23 Pa.C.S. §§ 3323(f) and 3505(a). A decree nisi granting or denying an injunction is not appealable as of right under this rule, unless the decree nisi (i) grants an injunction effective upon the entry of a decree nisi or (ii) dissolves a previously granted preliminary…”

Morgan, D. v. Morgan, S. (2018) pasuperct “" 23 Pa.C.S. § 3323(f) (emphasis added). We first consider whether the trial court abused its discretion when it determined that application of the doctrine of unclean hands to this case would be inequitable and refused to apply it.”

Levy v. Lenenberg (2002) pasuperct · cites it 2× “An order confirming, modifying or dissolving or refusing to confirm, modify or dissolve an attachment, custodianship, receivership or similar matter affecting the possession or control of property, except for orders pursuant to Sections 3323(f) and 3505(a) of the Divorce Code,…”

Show all 99 citing cases →

— 23 Pa. Cons. Stat. § 3323(a) — 1 case

Curran v. Curran (1995) pasuperct “23 Pa.C.S. § 3323(a). The court can also enter an order for bifurcation when it is not possible to determine and dispose of the matters provided for in 23 Pa.”

— 23 Pa. Cons. Stat. § 3323(b) — 5 cases

In Re Estate of Bullotta (2003) pa

Curran v. Curran (1995) pasuperct “23 Pa.C.S. § 3323(a). The court can also enter an order for bifurcation when it is not possible to determine and dispose of the matters provided for in 23 Pa.”

Sell v. Sell (1998) pasuperct

Goldblatt, B. v. Young, J. (2017) pasuperct

— 23 Pa. Cons. Stat. § 3323(c) — 4 cases

Curran v. Curran (1995) pasuperct “23 Pa.C.S. § 3323(a). The court can also enter an order for bifurcation when it is not possible to determine and dispose of the matters provided for in 23 Pa.”

Savage v. Savage (1999) pasuperct

Himelright v. Himelright (1994) pactcompllebano

Davis v. Davis (1992) pactcomplmontgo

— 23 Pa. Cons. Stat. § 3323(d) — 7 cases

Estate of Pinkerton v. Pinkerton (1994) pasuperct

Yelenic v. Clark (2007) pasuperct “23 Pa.C.S. § 3323(d.l). Based upon this amendment, Appellant contends that “the legislature made a clear statement that the property issues are of paramount concern in a divorce proceeding and the abatement of an action when one party died prior to the resolution of the property…”

Savage v. Savage (1999) pasuperct

Hoffman v. Pennsylvania State Employes' Retirement Board (2000) pacommwct

Kirsop v. Public School Employes' Retirement Board (2000) pacommwct

— 23 Pa. Cons. Stat. § 3323(f) — 60 cases

Bower v. Bower (1992) pa “The substance of former Section 401(c) is now provided in a similar provision of the Divorce Code, 23 Pa.C.S. § 3323(f). [5] At the time of the proceedings herein, 23 P.”

Porter, W. v. Nikita Lodging, Inc. (2022) pasuperct “____________________________________________ 4 The Rule provides for exceptions, not applicable to this appeal, for orders entered “(i) Pursuant to 23 Pa.C.S. §§ 3323(f), 3505(a); or (ii) after a trial but before entry of the final order.”

Maher v. Maher (2003) pa “Authority for such an award may be found in Section 3323(f) of the Divorce Code, 23 Pa.C.S. § 3323(f), which provides: Equity power and jurisdiction of the court.”

Vonada v. Long (2004) pasuperct “23 Pa.C.S. §§ 3323(f) and 3505(a). A decree nisi granting or denying an injunction is not appealable as of right under this rule, unless the decree nisi (i) grants an injunction effective upon the entry of a decree nisi or (ii) dissolves a previously granted preliminary…”

— 23 Pa. Cons. Stat. § 3323(g) — 9 cases

In re Estate of Easterday (2019) pa “The note to this rule expressly addresses the Tosi decision, providing that "[t]o the extent that Tosi [ ] holds that 23 Pa.C.S. § 3323(d.1) does not prevent the plaintiff in a divorce action from discontinuing the divorce action following the death of the defendant after…”

Tosi v. Kizis (2014) pasuperct “23 Pa.C.S. § 3323(d.l). The right of a party to obtain a discontinuance of an action is governed by Rule 229.”

Shell, I. v. Shell, B. (2023) pasuperct “23 Pa.C.S. § 3323. -3- J-A19034-23 Even though no party filed an affidavit under Section 3301(d), Administrator asserted that grounds were established when Wife filed for divorce and claimed that the marriage was irretrievably broken and that the parties had lived separate and…”

In Re: Estate of Scarpaci, T. Appeal of Scarpaci (2017) pasuperct

— 23 Pa. Cons. Stat. § 3323(g)(2) — 1 case

— 23 Pa. Cons. Stat. § 3323(g)(3) — 1 case

In Re: Estate of Robert D. Mutzabaugh (2015) pasuperct

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