The interplay between the statute of limitations for contracts and property settlement agreements has been debated and appeared in numerous appellate opinions over the years. 42 Pa.C.S. Section 5525(a)(8) provides that generally an action upon a contract must be commenced within four years. When parties divorce, there is often a property settlement agreement (also referred to as a marital settlement agreement) executed by the parties resolving the economic aspects of their divorce. Over the years, the courts have analyzed whether property settlement agreements (or provisions contained therein) are continuing contracts. When a contract is a “continuing contract,” the question becomes when does the four-year statute of limitations begin.

The recent case of Weber v. Weber, ___ A.3d ___, 2019 PA Super. 133 (April 26, 2019), addresses this issue. The facts of the Weber case are very intricate and reflect a case with quite resiliency to reach a final result. When one reads the opinion, visions of a boxer continually coming back from his corner to re-engage for one more punch appear. This case has reached the Pennsylvania Superior Court two times. The first time that it appeared before the Superior Court the issue pertained to standing. The present appeal was between the husband in a divorce matter and his son. In the first appeal, the Superior Court reversed the trial court’s dismissal of the matter due to the son’s lack of standing and remanded the case. This most recent decision arises from the trial court’s disposal of the case on the remand.

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