Pittsburgh Family Law Services, P.C. Blog

Sometimes after filing for divorce, both parties decide it's ultimately best to attempt to reconcile.  This is absolutely fine and is exactly why Pennsylvania has a mandatory 90-day waiting period for couples that have been separated for less than 12 months.  But there are some things to consider before doing so.  

First, not all reconciliations last.  If you put a pause on the divorce proceedings and later decide to separate again, a reconciliation can change your date of separation.  The date of separation is important when calculating the value of the marital estate; assets acquired or that increase in value prior to the marriage and following the separation are excluded from the value of the marital estate.  Depending on the length of your marriage and the specific assets you have, this can substantially add to the total value and what needs to be divided.  

Secondly, reconciling does not change the underlying rules in Pennsylvania regarding what is considered a marital asset.  If you later separated, you would once again be subject to the laws concerning spousal support and equitable distribution.  There would be no changes unless you and your spouse agreed separately to do so.  

There are two main ways that I recommend reconciling parties protect themselves.  The first, and most important, is to have a signed agreement where you each declare that your date of separation will remain the same.  This will ensure that if you ultimately separate, you are not at risk of having the value of the marital estate substantially change.  Having this type of agreement gives both spouses the comfort and ability to make a good faith effort at reconciliation.  If you ultimately decide to pursue the divorce, you are not at a disadvantage.  

The other way you can protect yourself is to have a Postnuptial Agreement.  This is similar to a Prenuptial Agreement, and its purpose is to identify what will be considered marital and separate property, how such property will be divided in the event of a separation or divorce, and how you will handle payment of spousal support to the lower-earning spouse.  Couples who have already started the divorce process and later reconcile have a unique insight into how Pennsylvania handles property division, and they want to take steps to make sure both parties can benefit.  A Postnuptial Agreement allows you to look at your situation, consider your biggest priorities, and craft an agreement that both of you believe is truly fair and equitable.  

Finally, when clients tell me that they wish to reconcile, one of the first questions they ask me is whether they need to formally withdraw their divorce complaint.  You certainly can do that, but you are not required to do so and I do not ever recommend it.  You are not obligated to pursue a divorce even if you file for it, and if you later decide to move forward, you won't have to pay a new filing fee.  

Reconciliation after a divorce has already been filed comes with some unique considerations, but with the right planning you can ensure your interests remain protected.