Keefer v. Cafaro, PICS Case No. 11-4371 (C.P. Butler Sept. 23, 2011) Streib, J. (12 pages).

Where a spouse dies prior to divorce, the court shall consider the situation of the parties at the time of distribution and not at the time immediately prior to the death of a party; the award should be equitable taking into account the factors enumerated at 23 Pa.C.S.A. §3202. In addition, the death of the owner spouse does not change the marital account into a non-marital asset.