Pennsylvania Family Law Blog

In an interesting case regarding the rights of widowed spouses, a Sacramento state appeals court has ruled that Iris Kievernagel cannot use her deceased husband frozen sperm to become pregnant because he had made it clear he did not want to father a child posthumously. In a recently made public ruling, the appeals court ruled that if only one spouse has contributed genetic material, “the intent of the donor” must control its disposition after death.

Joseph Kievernagel, 36, of Citrus Heights, was one of two Sacramento County sheriff’s deputies killed when their helicopter crashed into a hillside near Lake Natoma in July 2005. The court said he and his wife had a loving marriage, with one subject of disagreement: She wanted children and he did not. They nevertheless tried unsuccessfully to conceive a child and went to a clinic to begin in vitro fertilization in June 2005, but had not completed the procedure before his death.

After his death, Iris Kievernagel, administrator of her late husband’s estate, sought custody of the sperm her husband had deposited with the clinic. A Superior Court judge refused, citing the couple’s contract with the clinic in which a box was checked saying the sperm was to be discarded if he became incapacitated or died.

The laws regarding the rights of spouses, widows, and divorced parties are constantly changing. Because of the arbitrary and dynamic nature of marital proceedings and contracts it may be wise to contact the Philadelphia agreement enforcement lawyers at our offices. We can give free consultations on any enforcement issue or any divorce related problem that you are having. Our law office has years of experience in Pennsylvania and the particular enforcement of agreements laws pertaining to divorce. Contact us today for a free consultation.

A recent article in the Minneapolis Star Tribune discussed the recent surge of postnuptial agreements. These agreements are very similar to a pre-marital agreement, but instead are entered into AFTER a couple has been married. While they are still very rare (only 1 or 2 percent of married couples request postnuptial agreements) the agreements could become more popular in the near future as they become more common in practice. In fact, a 2007 study by the American Academy of Matrimonial Lawyers (AAML) indicated that 49 percent of the members said they’d seen an increase in postnups in the past five years.

These marital agreements and reconciliation agreements cover much of the same ground that prenuptial agreements do: issues of property division, spousal maintenance or the protection of inheritances for children from previous marriages. The big difference is that they’re entered into during a marriage, sometimes an unhappy marriage, which makes them especially hard to execute.

Postnups can be used in innovative ways that most would not suspect… Some married women use them after stepping out of the workforce to protect their financial future. Parents with special-needs children, or with grown children suddenly down on their luck, can also use a postnup to secure additional child support funds to care for them. A loving spouse might decide to add his wife to share ownership of a family property or item that otherwise would not be hers.

In Pennsylvania, prenuptial and post nuptial agreements are considered the same as any other contract parties may enter into and, therefore, are presumed to be valid and enforceable. If you have any questions regarding pre-marital, co-habitation, or post-marital agreements contact our offices immediately. Sheryl R. Rentz, a Pennsylvania family law attorney, is fully familiar with the particulars of each state’s premarital and co-habitation agreement laws. Contact us for a free evaluation and consultation today.