An Act amending Title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes, in property rights, further providing for equitable division of marital property; and, in alimony and support, further providing for alimony.

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
Amending Title 23 (Domestic Relations) of the Pennsylvania
Consolidated Statutes, in property rights, further providing
for equitable division of marital property; and, in alimony
and support, further providing for alimony.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 3502(c) and 3701(a) and (b)(14) of Title
23 of the Pennsylvania Consolidated Statutes are amended and the
sections are amended by adding subsections to read:
§ 3502. Equitable division of marital property.
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(c) Family home.--[The] Except as provided in subsection (g)
(2), the court may award, during the pendency of the action or
otherwise, to one or both of the parties the right to reside in
the marital residence.
* * *
(g) Conviction.--A party who has been convicted of
committing a personal injury crime against the other party may
not:
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(1) Be awarded a percentage of marital assets, unless
the court finds that the equitable distribution of marital
assets is necessary to prevent manifest injustice.
(2) During the pendency of the action or otherwise, be
awarded the right to reside in the marital residence, unless
the court finds such an order is necessary to prevent
manifest injustice.
§ 3701. Alimony.
(a) General rule.--[Where] Subject to subsection (a.1),
where a divorce decree has been entered, the court may allow
alimony, as it deems reasonable, to either party only if it
finds that alimony is necessary.
(a.1) Conviction.--Except where the court finds that an
order awarding alimony is necessary to prevent manifest
injustice, a party who has been convicted of committing a
personal injury crime against the other party may not be awarded
alimony. Any amount of alimony paid by the injured party after
the commission of the offense but before conviction of the other
party shall be recoverable by the injured party upon petition.
(b) Factors relevant.--In determining whether alimony is
necessary and in determining the nature, amount, duration and
manner of payment of alimony, the court shall consider all
relevant factors, including:
* * *
(14) [The] Subject to subsection (a.1), the marital
misconduct of either of the parties during the marriage. The
marital misconduct of either of the parties from the date of
final separation shall not be considered by the court in its
determinations relative to alimony, except that the court
shall consider the abuse of one party by the other party. As
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used in this paragraph, "abuse" shall have the meaning given
to it under section 6102 (relating to definitions).
* * *
Section 2. This act shall take effect in 60 days.
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