Smc v. Wpc
44 A.3d 1181
Pa. Super. Ct.2012Background
- Married 16 years; one child age 7 at October 2010 hearing.
- Wife left the marital home on June 9, 2010 due to alleged emotional abuse.
- Wife began dating Lance Markle shortly after separation; occasional group/solo dates.
- Trial court hearing October 18, 2010: Hearing officer recommended spousal support and child support allocations, plus arrearages and counsel fees.
- Husband challenged the hearing officer’s recommendations; trial court denied exceptions and finalised orders; timely appeal followed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether post-separation conduct can defeat spousal support entitlement | Husband argues post-separation conduct supports indignities | Wife argues post-separation conduct sheds light on pre-separation conduct | Post-separation conduct cannot defeat spousal support |
| Whether Wife's post-separation affair was admissible to deny support | Affair constitutes indignities precluding support | Jayne controls; post-separation conduct not considered absent pre-separation light | Excluded; not basis to deny support |
| Whether lump-sum $30,000 payment was proper | Arises only if spousal support existed; claim lacks merit | Support award proper; lump-sum reasonable to satisfy arrears | Not an abuse of discretion; affirmed |
| Whether sale of 1/3 interest in Conroy Foods was a voluntary income reduction | Sale reduced income for support calculation | Arms-length sale; not adequately supported as voluntary reduction | Waived for lack of authority citation; not reversible on this record |
| Whether counsel fees award to Wife was proper | Financial disparity mere basis for award | Bowser factors support fee award given disparity and necessity of action | Supported by record; not abuse of discretion |
Key Cases Cited
- Jayne v. Jayne, 663 A.2d 169 (Pa. Super. Ct. 1995) (post-separation conduct not considered unless sheds light on pre-separation conduct)
- Hoffman v. Hoffman, 762 A.2d 766 (Pa. Super. Ct. 2000) (adequate legal cause for leaving; emotional abuse can justify departure)
- Brobst v. Brobst, 96 A.2d 194 (Pa. Super. Ct. 1953) (grounds for fault-based divorce include indignities)
- Schuback v. Schuback, 603 A.2d 194 (Pa. Super. Ct. 1992) (misconduct before accrual of right to divorce governs indignities)
- Myers v. Myers, 592 A.2d 339 (Pa. Super. Ct. 1991) (adequate legal cause for leaving can be proven by coercive conduct)
- Bowser v. Blom, 807 A.2d 830 (Pa. 2002) (factors for counsel fees awards in support actions)