Appeal from Order of the Court of Common Pleas, Civil Division, of Philadelphia County, No. 3667 May Term, 1984.
Natale F. Carabello, Jr., Philadelphia, for appellant.
Anthony J. De Fino, Philadelphia, for appellee.
Wieand, Montgomery and Hester, JJ.
[ 374 Pa. Super. Page 229]
The issue of first impression in this appeal is whether a police disability pension is marital property subject to equitable distribution between spouses. The trial court determined that disability payments must be deemed marital property and directed that Husband pay to Wife therefrom the sum of fifty ($50.00) dollars per week. We reverse and remand for further proceedings.
[ 374 Pa. Super. Page 230]
Patricia and Anthony Ciliberti were married on September 25, 1963. They had two children, Denise and Patricia, both of whom are now emancipated. A complaint in divorce was filed on May 25, 1984. Wife is presently employed in a clerical position at the Union League of Philadelphia. Her net income is estimated to be nine hundred twenty-six ($926.00) dollars per month. Husband is a disabled policeman who receives six hundred thirty-five ($635.00) dollars per month pursuant to a disability pension paid by the City of Philadelphia.
The parties were able to resolve amicably most of the economic issues pertaining to the dissolution of their marriage. They agreed that premises located at 912 Darien Street, Philadelphia, would be conveyed to Wife and that other real estate, situated at 617 Washington Street, Philadelphia, would be conveyed to Husband. They also agreed that Husband would pay alimony to Wife for one year in the amount of thirty-two dollars and fifty cents ($32.50) per week. The parties were unable to agree to a disposition of Wife's claim for counsel fees. This claim, however, was denied in the trial court, and Wife has not appealed therefrom.
The remaining area of dispute pertains to Husband's disability pension. The parties were able to agree that if the disability benefits were determined to be marital property, Wife's interest in Husband's disability pension should be valued at fifty ($50.00) dollars per week. The master determined that the disability pension was marital property and made an award to Wife therefrom in the amount of fifty ($50.00) dollars per week. Husband filed exceptions, but these exceptions were dismissed following argument by the court.
The Divorce Code of April 2, 1980, P.L. 63, No. 26, § 401(e), 23 P.S. § 401(e), defines marital property as follows:
(e) For purposes of this chapter only, "marital property" means all property acquired by either party ...