HB 2346

                                                PRINTER'S NO.   3119
                THE GENERAL ASSEMBLY OF PENNSYLVANIA
                    HOUSE BILL
                    No. 2346
                                          Session of
                                            2026
INTRODUCED BY ORTITAY, POWELL, MADDEN, CONKLIN AND JAMES,
   MARCH 31, 2026
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 31, 2026
                               AN ACT
1 Amending Title 23 (Domestic Relations) of the Pennsylvania
2    Consolidated Statutes, in property rights, further providing
3    for equitable division of marital property; and, in alimony
4    and support, further providing for alimony.
5    The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7    Section 1.    Sections 3502(c) and 3701(a) and (b)(14) of Title
8 23 of the Pennsylvania Consolidated Statutes are amended and the
9 sections are amended by adding subsections to read:
10 § 3502.    Equitable division of marital property.
11    * * *
12    (c)    Family home.--[The] Except as provided in subsection (g)
13 (2), the court may award, during the pendency of the action or
14 otherwise, to one or both of the parties the right to reside in
15 the marital residence.
16    * * *
17    (g)    Conviction.--A party who has been convicted of
18 committing a personal injury crime against the other party may
19 not:
1(1)    Be awarded a percentage of marital assets, unless
2    the court finds that the equitable distribution of marital
3    assets is necessary to prevent manifest injustice.
4(2)    During the pendency of the action or otherwise, be
5    awarded the right to reside in the marital residence, unless
6    the court finds such an order is necessary to prevent
7    manifest injustice.
8 § 3701.    Alimony.
9    (a)    General rule.--[Where] Subject to subsection (a.1),
10 where a divorce decree has been entered, the court may allow
11 alimony, as it deems reasonable, to either party only if it
12 finds that alimony is necessary.
13    (a.1)    Conviction.--Except where the court finds that an
14 order awarding alimony is necessary to prevent manifest
15 injustice, a party who has been convicted of committing a
16 personal injury crime against the other party may not be awarded
17 alimony. Any amount of alimony paid by the injured party after
18 the commission of the offense but before conviction of the other
19 party shall be recoverable by the injured party upon petition.
20    (b)    Factors relevant.--In determining whether alimony is
21 necessary and in determining the nature, amount, duration and
22 manner of payment of alimony, the court shall consider all
23 relevant factors, including:
24* * *
25(14)    [The] Subject to subsection (a.1), the marital
26    misconduct of either of the parties during the marriage. The
27    marital misconduct of either of the parties from the date of
28    final separation shall not be considered by the court in its
29    determinations relative to alimony, except that the court
30    shall consider the abuse of one party by the other party. As
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1   used in this paragraph, "abuse" shall have the meaning given
2   to it under section 6102 (relating to definitions).
3* * *
4   Section 2.    This act shall take effect in 60 days.
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