Kalinoski v. Kalinoski

BRYDON, J.,

The court is presented with the question of whether “nonvested” pension benefits are subject to equitable distribution under our new Divorce Code, Act of April 2, 1980, P.L. 63, §401, 23 P.S. §401 (hereinafter, e.g., “§401”). As with most issues under new statutes, this case involves new law; the court has no Pennsylvania appellate court guidance. Because there are conflicting cases among the counties’ courts, compare Paul W. v. Margaret W., 130 P.L.J. 6 (1981) (equal division is starting point for consideration) with Ruth v. Ruth, 67 Lanc. 461 (1981) (equal split not a presumptive…