- 8 - regarding the disposition of existing property rights and interests between the parties, alimony, alimony pendente lite, counsel fees or expenses shall not be subject to modification by the court. Therefore, in order for the payments to qualify as alimony within the requirements of section 71(b)(1)(D), Pennsylvania contract law must provide that the payments to be made under the addendum would terminate upon Colleen's death. Pennsylvania Contract Law and Liability Under the Addendum "It is settled that, if a property settlement agreement containing support provisions survives as an enforceable contract, it is governed by the law of contracts." Ballestrino v. Ballestrino, 583 A.2d 474, 476 (Pa. Super. Ct. 1990) (citations omitted). The addendum does not explicitly state whether the payments therein described are for 24 months absolute or for 24 months only if Colleen survives. The addendum reads: Wife will convey all of her right, title and interest in and to the real estate situate [sic] and known as 4532 Smith Road, Pineville, Pennsylvania to Husband for the sum of Forty Thousand Dollars ($40,000.00). * * * Simultaneously with the delivery of the deed to Husband or his counsel, Husband shall pay wife the sum of Twenty Thousand Dollars ($20,000.00). The balance of Twenty Thousand Dollars ($20,000.00) shall be paid to Wife in twenty-four (24) equal installments * * *. The above-quoted section is clear on its face; Colleen is required to perform, and petitioner is required to perform. There are no ambiguities or conditions. This is in contrast toPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011