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Kent v. Kent
16 A.3d 1158
Pa. Super. Ct.
2011
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Background

  • Marriage lasted over 17 years with two minor children; Wife left teaching to home-school the children; Family economy relied on Husband's income with Wife later relying on alimony; Court awarded $800 monthly alimony but not until 2022; Wife sought alimony through 2022 to enable high-school homeschooling; Appellate court remanded for life-insurance beneficiary correction and attorney-fee adjustment, affirmed in part and reversed in part.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Alimony duration through 2022 Wife—that alimony should run through 2022 to support homeschooling. Husband—economic reality requires Wife to re-enter workforce; no sustained need for 12-year alimony. No abuse of discretion; alimony limited in duration.
Life-insurance beneficiary designation Wife argues Wife and children should be sole beneficiaries. Husband contesting; not supported by record. Remanded to correct error; beneficiary designated.
Attorney-fees award Wife seeks 50% of attorney fees as basis for award. No clear authority; existing award acknowledged. Remanded to enter appropriate order increasing fees to 50%.
Dividend income consideration Dividends of approximately $2,915/year should affect support/alimony. Dividends immaterial to overall decision; waived issue. Waived.

Key Cases Cited

  • Balicki v. Balicki, 4 A.3d 654 (Pa. 2010) (alimony factors and discretion in post-divorce supports)
  • Teodorski v. Teodorski, 857 A.2d 194 (Pa. Super. 2004) (alimony needs and reasonable income needs)
  • Stamerro v. Stamerro, 889 A.2d 1251 (Pa. Super. 2005) (alimony and needs after divorce; standard of living)
  • Miller v. Miller, 744 A.2d 778 (Pa. Super. 1999) (alimony based on reasonable needs and employability)
  • Fitzgerald v. Kempf, 805 A.2d 529 (Pa. Super. 2002) (private school tuition; inapplicable to alimony context)
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Case Details

Case Name: Kent v. Kent
Court Name: Superior Court of Pennsylvania
Date Published: Mar 18, 2011
Citation: 16 A.3d 1158
Docket Number: 1489 WDA 2009, 1586 WDA 2009
Court Abbreviation: Pa. Super. Ct.