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