Geyer v. Geyer

456 A.2d 1025, 310 Pa. Super. 456, 1983 Pa. Super. LEXIS 2621
CourtSuperior Court of Pennsylvania
DecidedFebruary 18, 1983
Docket100
StatusPublished
Cited by26 cases

This text of 456 A.2d 1025 (Geyer v. Geyer) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Geyer v. Geyer, 456 A.2d 1025, 310 Pa. Super. 456, 1983 Pa. Super. LEXIS 2621 (Pa. Ct. App. 1983).

Opinions

BROSKY, Judge:

On December 31, 1980, the court granted Charles H. Geyer, Sr.’s, appellant’s, divorce and retained jurisdiction of the case with respect to attorney’s fees, costs of the proceeding, division of marital property and alimony. ■ The master appointed by the court conducted a hearing and made recommendations with which the parties complied except the recommendation as to alimony. The court entered the following order:

And now, May 19, 1981, after hearing, the plaintiff’s exceptions to the Master’s Report relative to alimony are hereby dismissed and the Defendant is awarded alimony in the amount of Fifty Dollars ($50.00) per week effective January 1, 1981 until such time as Defendant attains her 65th birthday.

On appeal, Mr. Geyer argues that the lower court in determining the right to and amount of alimony, failed to consider the marital property received by Mrs. Geyer as part of the equitable distribution of the couple’s assets. He also contends that the duration of alimony payments ordered by the lower court is in violation of Section 501(c). [459]*459Finally, Mr. Geyer argues that the alimony awarded is excessive.

We must first consider what is the scope of review of alimony awards. In our recent opinion in Remick v. Remick, 310 Pa.Super. 23, 456 A.2d 163 (1983), we said that under the new Divorce Code, alimony orders should be reviewed only for an abuse of discretion and not broadly, as is the actual decree in divorce (at 29-30). President Judge Cercone explained in Remick, id., at 30, that

While this Court is very much concerned with orders affecting the property rights of the parties to a marriage on the support of the children from that union, our concern in those, essentially monetary judgments is not as paramount as it is with the decision ruling on the status of the marriage or custody of the children.

Because our review of the record and trial court opinion indicates that the court may not have considered all of the circumstances pertinent to an alimony award, we reverse and remand.

In determining the amount of alimony to be paid to Mrs. Geyer, the master considered the following evidence:

1. Mrs. Geyer’s net earnings are approximately three-fifths that of Mr. Geyer.

2. That Mr. Geyer is 61 years of age and that Mrs. Geyer is 60 years of age.

3. That both parties appeared to the master to be in good health without any apparent disabilities. Mr. Geyer confirmed the master’s observation when he stated he was in good health.

4. On retirement at age 62, Mr. Geyer’s income from “Social Security” and his company pension will be between $790 and $923 a month. His retirement benefits would be increased if he would work until he was age 65. He has been employed by his present employer for 39 years.

On retirement at age 65, Mrs. Geyer’s total retirement income from “Social Security” and her employee’s pension would be $571 per month. She has been employed by her [460]*460present employer for six years, having been a housewife up to that time.

5. The master had before him no evidence of any expectancies or inheritances of the parties.

6. The parties have been married approximately 42 years.

7. Mrs. Geyer being the homemaker for most of the parties’ marriage enabled Mr. Geyer to work full-time at his job, thereby increasing his earning power.

8. During the years the parties lived together both contributed substantially to the marriage, the wife as a homemaker and the husband as the breadwinner and general handyman.

9. Mr. Geyer has had an ongoing relationship with another woman during the time of the marriage.

10. Mr. Geyer will receive approximately twenty-eight thousand dollars ($28,000) from the division of the marital property and Mrs. Geyer will receive approximately twenty-nine thousand five hundred dollars ($29,500).

In reaching his conclusions, the master stated that he considered that the difference in the earning capacity of the parties was based on the fact that the husband was able to work full time over many years at a job thereby working himself up to a good paying position. The wife was, for the most part during the marriage, confined to homemaker duties and thereby unable to develop for herself a career of long standing which, at this point in her life, would culminate in better pay than she now commands.

After heáring Mr. Geyer’s exceptions to the Master’s Report relative to alimony, the exceptions were dismissed, and bn the 19th day of March, 1981, the court awarded alimony in the amount of fifty dollars ($50) per week effective January 1, 1981 until such time as Mrs. Geyer attains her 65th birthday.

Our General Assembly has provided for alimony at 23 P.S. 501 which reads in relevant part as follows:

[461]*461(a) The court may allow alimony, as it deems reasonable, to either party, only if it finds that the party seeking alimony:
(1) lacks sufficient property, including bút hot limited to any property distributed pursuant to Chapter 4; to provide for his or her reasonable needs; and
(2) is unable to support himself or herself through appropriate employment.
(b) In determining whether alimony is necessary, and in determining the nature, amount, duration, and manner of payment of alimony, the court shall consider all relevant factors including:
(1) The relative earnings and earning capacities of the parties.
(2) The ages, and the physical, mental and emotional conditions of the parties.
(3) The sources of income of both parties including but not limited to medical, retirement, insurance or other benefits.
(4) The expectancies and inheritances of the parties.
(5) The duration of the marriage.
(6) The contribution by one party to the education, training or increased earning power of the other party.
(7) The extent to which it would be inappropriate for a party, because said party will be custodian of a minor child to seek employment outside the home.
(8) The standard of living of the parties established during the marriage.
(9) The relative education of the parties and the time necessary to acquire sufficient education or training to enable the party seeking alimony to find appropriate employment.
(10) The relative assets and liabilities of the parties.
(11) The property brought to the marriage by either party.
(12) The contribution of a spouse as homemaker.
(13) The relative needs of the parties.
[462]

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Bluebook (online)
456 A.2d 1025, 310 Pa. Super. 456, 1983 Pa. Super. LEXIS 2621, Counsel Stack Legal Research, https://law.counselstack.com/opinion/geyer-v-geyer-pasuperct-1983.