Cook v. Cook
Decision Date | 04 May 2018 |
Docket Number | No. 454 WDA 2017,454 WDA 2017 |
Citation | 186 A.3d 1015 |
Parties | Ronald COOK, Appellee v. Deborah COOK, Appellant |
Court | Pennsylvania Superior Court |
Mary S. Ramsden, Pittsburgh, for appellant.
Nicole S. Boyle, Pittsburgh, for appellee.
Appellant, Deborah Cook ("Wife"), appeals from the order setting forth the equitable distribution of marital assets in this divorce action with Appellee, Ronald Cook ("Husband"). In addition, Husband has filed a motion to dismiss particular issues raised by Wife in her Pa.R.A.P. 1925(b) statement that she has failed to set forth in her appellate brief. We affirm in part, reverse in part, and remand with instructions. Husband's motion to dismiss Wife's abandoned issues is granted.
We summarize the procedural history of this case as follows. Husband and Wife married in 1986. They have one adult child. Husband filed a divorce complaint in February of 2013. Wife filed an answer and counter-claim in June of 2013. The parties entered into a consent order in August of 2013, with Husband agreeing to pay Wife alimony pendente lite in the amount of $2,300.00 per month.
A master's hearing on equitable distribution was held in June of 2016. The master issued a report on August 3, 2016. Wife filed timely exceptions, and Husband filed cross-exceptions. The trial court ruled on the exceptions on January 27, 2017, and granted and denied each party's exceptions in part. The trial court determined the marital estate to be valued at $638,567.00. Wife was awarded 55% of the marital estate ($351,212.00). Husband received 45% ($287,355.00). In addition, each party was responsible for a relatively small amount of debt (Wife $8,000 and Husband $6,400). Husband's attempts to terminate alimony pendente lite have been denied by the trial court.
The parties' divorce decree was dated March 6, 2017, and filed on March 7, 2017. On March 21, 2017, Wife filed this timely notice of appeal. Both Wife and the trial court have complied with Pa.R.A.P. 1925.
Wife presents the following issues for our review:
Initially, we observe that in the context of an equitable distribution of marital property, a trial court has the authority to divide the award as the equities presented in the particular case may require. Mercatell v. Mercatell , 854 A.2d 609, 611 (Pa. Super. 2004). Smith v. Smith , 749 A.2d 921, 924 (Pa. Super. 2000).
Wife first argues that the trial court erred in addressing her request for alimony, claiming the factors set forth in 23 Pa.C.S. § 3701(b) weigh in favor of long-term alimony. Wife's Brief at 10–14. Specifically, she contends that her income, earning capacity, education, age, medical issues, contributions as homemaker, current needs, the modest size of her share of the marital estate, and the length of the marriage favor her receipt of alimony.
We begin by noting the following:
Kent v. Kent , 16 A.3d 1158, 1161 (Pa. Super. 2011) (quoting Balicki v. Balicki , 4 A.3d 654, 659 (Pa. Super. 2010) ). In determining "whether alimony is necessary and to establish the appropriate nature, amount, and duration of any alimony payments, the court is required to consider all relevant factors, including the 17 factors that are expressly mandated by statute."2 Lawson v. Lawson , 940 A.2d 444, 447 (Pa. Super. 2007) (emphasis in original).
In addressing this claim, the trial court offered the following pertinent discussion:
Trial Court Opinion, 5/12/17, at 3–5 (emphasis in original).
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