Leicht, D. v. Leicht, P.
164 A.3d 1246
| Pa. Super. Ct. | 2017Background
- Parties married 1988, separated 2006; divorce decree entered June 2, 2016. Three adult children; one intermittently lives with Wife.
- At the March 24, 2015 master hearing both parties were ~50. Husband: press operator, ~$44,000 gross, medical benefits, 401(k), in good health, lives with girlfriend paying $550 rent. Wife: licensed practical nurse, disabled since ~2011, hospitalized 2010, on psychiatric treatment and multiple medications, receives disability net $1,117/month and $585.58 spousal support, rents one‑bedroom for $1,010/month.
- Master found Wife currently unable to work and unlikely to regain earning capacity; no marital misconduct; minimal marital assets (marital home foreclosed).
- Master recommended converting pendente lite support to alimony through 9/30/2016 (limited duration) and modest counsel fee assistance; suggested public benefits and representative payee for Wife.
- Trial court granted Wife’s exceptions in part and ordered Husband to continue alimony indefinitely (subject to modification for substantial changed circumstances); Husband appealed claiming abuse of discretion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial court abused discretion by ordering indefinite alimony | Wife: alimony should continue because she is disabled, lacks earning capacity, and needs ongoing support | Husband: master recommended limited-duration alimony; indefinite obligation is improper and an abuse of discretion | Court affirmed: indefinite (modifiable) alimony was justified given Wife’s permanent disability and trial court properly applied statutory factors |
Key Cases Cited
- Balicki v. Balicki, 4 A.3d 654 (Pa. Super. 2010) (standard for reversing alimony award is abuse of discretion or insufficient evidence)
- Jayne v. Jayne, 663 A.2d 169 (Pa. Super. 1995) (alimony reversal standard discussion)
- Teodorski v. Teodorski, 857 A.2d 194 (Pa. Super. 2004) (purpose and factors for alimony awards)
- Remick v. Remick, 456 A.2d 163 (Pa. Super. 1983) (permanent alimony should be determined without regard to availability of public assistance)