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PA Bulletin, Doc. No. 23-282

THE COURTS

Title 231—RULES OF
CIVIL PROCEDURE

PART I. GENERAL

[231 PA. CODE CH. 1920]

Order Amending Rule 1920.76 of the Pennsylvania Rules of Civil Procedure; No. 738 Civil Procedural Rules Docket

[53 Pa.B. 1161]
[Saturday, March 4, 2023]

Order

Per Curiam

 And Now, this 21st day of February, 2023, upon the recommendation of the Domestic Relations Procedural Rules Committee; the proposal having been submitted without publication pursuant to Pa.R.J.A. 103(a):

 It is Ordered pursuant to Article V, Section 10 of the Constitution of Pennsylvania that Rule 1920.76 of the Pennsylvania Rules of Civil Procedure is amended in the attached form.

 This Order shall be processed in accordance with Pa.R.J.A. 103(b), and shall be effective May 2, 2023.

 Additions to the rule are shown in bold and are underlined.

 Deletions from the rule are shown in bold and brackets.

Annex A

TITLE 231. RULES OF CIVIL PROCEDURE

PART I. GENERAL

CHAPTER 1920. ACTIONS OF DIVORCE OR FOR ANNULMENT OF MARRIAGE

 (Editor's Note: Pa.R.Civ.P. 1920.76 as printed in 231 Pa. Code reads ''Official Note'' rather than ''Note'' and the Explanatory Comments are not codified.)

Rule 1920.76. Form of Divorce Decree.

 A decree in divorce shall be substantially in the following form:

(Caption)

DECREE

 AND NOW, ______ , [19] 20 ______ , it is ordered and decreed that ______ , plaintiff, and _________________ , defendant, are divorced from the bonds of matrimony.

 The parties shall reaffirm or change the beneficiary status on any life insurance policies, annuity contracts, pensions, profit sharing plans, or other contractual arrangements providing for payment to a spouse if it is the intention of one of the parties to keep or change the other party as a beneficiary. Failure to do so may result in revocation of the beneficiary designation pursuant to 20 Pa.C.S. § 6111.2 (Effect of Divorce or Pending Divorce on Designation of Beneficiaries).

 The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered.

 Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending.

BY THE COURT:
__________

[Note:] Comment:

 Act 106 of 2022 amended 23 Pa.C.S. § 3323(b.1) to require the additional statement and warning to the form decree.

 The court may add any other provisions which it deems necessary.

[EXPLANATORY COMMENT—1983
See Explanatory Comment following Rule 1920.73.

EXPLANATORY COMMENT—1988
The amendment to Rule 1920.76 revises the form of divorce decree so that the court will no longer be required to list the claims as to which a final order has not been entered at the time of entry of the final divorce decree. Rather, the decree will simply state that the court retains jurisdiction over unresolved issues.]

SUPREME COURT OF PENNSYLVANIA

DOMESTIC RELATIONS PROCEDURAL
RULES COMMITTEE

ADOPTION REPORT

 On February 21, 2023, the Supreme Court of Pennsylvania amended Pa.R.Civ.P. 1920.76, which outlines the form of a divorce decree. Specifically, the amendment incorporates language required in Act 106 of 2022. The Committee has prepared this Adoption Report describing the rulemaking process. An Adoption Report should not be confused with Comments to the rules. See Pa.R.J.A. 103, cmt. The statements contained in this Adoption Report are those of the Committee, not the Court.

 The Act amends 23 Pa.C.S. § 3323(b.1) to require an order accompanying a divorce decree to include a provision informing the parties to reaffirm or change the beneficiary status on a life insurance policy, annuity contract, pension, profit sharing plan, or other contractual arrangement providing for payment to a spouse if it is the intention of one of the parties to keep or change the other party as beneficiary. The amended statute will also require warning the parties that failure to do so may result in revocation of the beneficiary designation pursuant to 20 Pa.C.S. § 6111.2, which relates to the effect of divorce or pending divorce on the designation of beneficiaries. The statute provides that this requirement shall be a form as may be prescribed by general rule. The Act becomes effective May 2, 2023.

 The amendment to Pa.R.Civ.P. 1920.76 includes the operative language of the Act. Additionally, the ''note'' was moved to a comment at the end of the rule and the explanatory comments were removed as they are historical in nature, and they do not provide assistance to the reader in the execution of the rule.

 Given the effective date of the Act and its clear language, the amendment was not published pursuant to Pa.R.J.A. 103(a)(3). The additional language added to the form decree in divorce replicated the wording of the Act, for which no wording changes are necessary.

 The following text in the Explanatory Comments was removed:

 EXPLANATORY COMMENT—1983
See Explanatory Comment following Rule 1920.73.

 EXPLANATORY COMMENT—1988
The amendment to Rule 1920.76 revises the form of divorce decree so that the court will no longer be required to list the claims as to which a final order has not been entered at the time of entry of the final divorce decree. Rather, the decree will simply state that the court retains jurisdiction over unresolved issues.

 The amendment becomes effective May 2, 2023.

[Pa.B. Doc. No. 23-282. Filed for public inspection March 3, 2023, 9:00 a.m.]


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