Wagoner v. Wagoner

648 A.2d 299, 538 Pa. 265, 1994 Pa. LEXIS 459
CourtSupreme Court of Pennsylvania
DecidedSeptember 29, 1994
StatusPublished
Cited by25 cases

This text of 648 A.2d 299 (Wagoner v. Wagoner) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wagoner v. Wagoner, 648 A.2d 299, 538 Pa. 265, 1994 Pa. LEXIS 459 (Pa. 1994).

Opinions

OPINION

MONTEMURO, Justice.

Appellant has sought our review of the denial of his request to modify an alimony award under 23 Pa.C.S. § 3701, 428 Pa.Super. 648, 627 A.2d 210.1 The order under examination was entered in March of 1991, in conjunction with a final decree in equitable distribution pursuant to the parties’ divorce. The decree divided the parties’ property, and directed appellant to pay appellee $1000 per month for a period of six years. At the time the payments were ordered, appellant was employed by Pan American Airlines as a ground flight engineer earning approximately $5,000 per month. Appellee, by contrast, was earning approximately $700 per month. No appeal was taken by either party.

In December of 1991, appellant’s employment terminated with the bankruptcy of his employer. His income then consisted of employment compensation in the amount of $300 per week which would expire in July of 1992 unless extended by thirteen weeks, and eligibility to receive approximately $750 in pension funds from Pan American. However, appellant was uncertain as to when these payments would begin. In addition, appellant who was 57 years old at the time of hearing, April 15, 1992, suffers from degenerative arthritis in his right knee and progressive arthritis in his left knee, which physical limitations have prevented renewal of his license as a flight engineer. His application for a position as a ticket agent at another airline was rejected, as his other job inquiries have been.

[268]*268Appellee, 60 years old at the time of the hearing, had training and licensure as an elementary school teacher at the time of the parties’ marriage, but became a full time homemaker after the birth of the parties’ first child in 1964. When the parties divorced, she made no inquiry as to the requirements for obtaining teaching certification. The trial court found that given her age, any effort to procure the certification would be more laborious than productive.

At the time of the hearing on the petition to modify, appellant owed $6,400 in arrearages on the alimony award, which would be reduced by $4,800, the amount of an intercepted income tax refund. The trial court refused to reduce appellant’s alimony obligation. It reasoned that the award of alimony was integral to the distribution of marital assets, which had been allocated in such a manner as to permit appellee to provide for her reasonable needs, and that any alteration would undermine the whole schema. The court noted that it would, however, entertain a petition under 23 Pa.C.S. § 3502(e),2 should the parties wish to lodge one. The [269]*269Superior Court affirmed the decision of the trial court, and we granted allocatur to determine the extent to which section 3701(e) applies where marital property has been distributed.

Our standard of review in cases such as this is to determine whether the trial court has, in deciding the case, abused its discretion; that is, committed not merely an error of judgment, but has overridden or misapplied the law, or has exercised judgment which is manifestly unreasonable, or the product of partiality, prejudice, bias or ill will as demonstrated by the evidence of record. Zullo v. Zullo, 531 Pa. 377, 613 A.2d 544 (1992). We reverse and remand.

We begin with the unassailable premise that a major objective of the Divorce Code is to

Effectuate economic justice between the parties who are divorced or separated and grant or withhold alimony according to the actual need and ability to pay of the parties and insure a fair and just determination and settlement of their property rights.

23 Pa.C.S. § 3102(a)(6).

The real question here is not whether relief in the form of a reduction of the alimony award should have been granted under section 3701(e); the trial court’s decision to deny relief was a manifestly unreasonable disregard of the reality of appellant’s situation, and thus an abuse of discretion. Not only does appellant’s financial position compel such a result theoretically, but as a practical matter the current award will not be paid, as it has not been, because appellant has not the means to pay it.

Rather, if equity is indeed the ultimate goal and appellee’s reasonable needs are to be met, more is required than relieving appellant of the obligation to pay appellee an amount he cannot afford. Thus the real question becomes whether the Court should or may act now to encompass a more general solution to the problem of doing equity, and if so, on what basis; or whether we should decline to act now and wait until [270]*270appellee implements some enforcement mechanism such as has already been used to obtain the tax refund money. For reasons both specific to the Divorce Code, and more generally applicable to equity, we find the former course not only preferable but necessary under the facts of this case.

We first note that the lower courts’ treatment of the issue here has been subverted by a problem of nomenclature. The assumption has been that because the payments made to appellee have consistently been called alimony, that is what they were. Alimony is defined as “An order for support granted by this Commonwealth or any other state to a spouse or former spouse in conjunction with a decree granting a divorce or annulment.” 23 Pa.C.S. § 3103. Its purpose is to provide the receiving spouse with sufficient income to obtain the necessities of life. Zullo at 380, 613 A.2d at 545. The payments awarded here do not fit this description either in form or in intention. Rather, the award was made in lieu of granting appellee her share of appellant’s pension, and was fashioned to pay out oyer time appellee’s interest in an asset which would otherwise remain undistributed until appellant’s retirement, some years later than that of appellee. The payments were calculated to approximate the share of the pension which appellee would receive but in a form which would allow her, prior to distribution of the actual pension, to establish a retirement fund for herself. Thus to treat these payments as subject to the same restrictions as alimony is to skew the whole process of reviewing appellant’s petition.

We premise this decision in the first instance on the philosophy expressed in Zullo, supra, and Bold v. Bold, 524 Pa. 487, 574 A.2d 552 (1990). Both of these cases, albeit arising in circumstances dissimilar to the one at bar and posing a different legal question, nevertheless espouse the notion that the equitable purposes underlying the Divorce Code allow for liberal interpretation of its provisions.

Zullo and Bold concern the principle of equitable reimbursement, not at issue here, but which, in its evolution is consistent with the legislative intent of section 3102(a)(6) of [271]*271the Code. In both of these cases, the wife’s contributions to the marriage had permitted the husband to acquire education which would significantly improve his earning power. These contributions were found to reach a point far in excess of the bare minimum of legally obligated support.

At dissolution, each marriage possessed insufficient assets to repay this sacrifice which had added so significantly to the husband’s future financial status.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cardini, P. v. Cardini, C.
Superior Court of Pennsylvania, 2022
Long, M. v. Long, C.
2022 Pa. Super. 129 (Superior Court of Pennsylvania, 2022)
Cummings, L. v. Cummings, G.
Superior Court of Pennsylvania, 2020
Goldblatt, B. v. Young, J.
Superior Court of Pennsylvania, 2017
Ariyamitr, B. v. Ariyamitr, S.
Superior Court of Pennsylvania, 2016
McDonough, E. v. McDonough, L.
Superior Court of Pennsylvania, 2014
Markantonis v. Markantonis
37 Pa. D. & C.5th 403 (Monroe County Court of Common Pleas, 2014)
Bjerke v. Bjerke
6 Pa. D. & C.5th 381 (Alleghany County Court of Common Pleas, 2008)
Lawson v. Lawson
940 A.2d 444 (Superior Court of Pennsylvania, 2007)
Lowers v. Lowers
911 A.2d 553 (Superior Court of Pennsylvania, 2006)
Stamerro v. Stamerro
889 A.2d 1251 (Superior Court of Pennsylvania, 2005)
Xinda Wang v. Zhiping Feng
888 A.2d 882 (Superior Court of Pennsylvania, 2005)
Sebastianelli v. Sebastianelli
876 A.2d 431 (Superior Court of Pennsylvania, 2005)
Johnson v. Johnson
864 A.2d 1224 (Superior Court of Pennsylvania, 2004)
Dudas v. Pietrzykowski
849 A.2d 582 (Supreme Court of Pennsylvania, 2004)
Hicks v. Kubit
758 A.2d 202 (Superior Court of Pennsylvania, 2000)
Simmons v. Simmons
723 A.2d 221 (Superior Court of Pennsylvania, 1998)
Lowenschuss v. Lowenschuss
683 A.2d 1214 (Superior Court of Pennsylvania, 1996)
Twilla v. Twilla
664 A.2d 1020 (Superior Court of Pennsylvania, 1995)
Wagoner v. Wagoner
648 A.2d 299 (Supreme Court of Pennsylvania, 1994)

Cite This Page — Counsel Stack

Bluebook (online)
648 A.2d 299, 538 Pa. 265, 1994 Pa. LEXIS 459, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wagoner-v-wagoner-pa-1994.