HODGE V. HODGE 513 Pa. 264 (1986) CASE BRIEF

HODGE V. HODGE

513 Pa. 264 (1986)

NATURE OF THE CASE: This was an appeal to determine whether or not a medical license is 'marital property' under our and whether the award of alimony was proper.

FACTS: H and W were married in 1967 when H was a student of medical technology at St. Luke's Hospital. W was a clinical instructor there. Prior to the marriage, H enlisted in the United States Army Medical Service Corps and was sent to Fort Hood, Texas, where he was stationed until 1970. While in Fort Hood, Texas, W served as a laboratory technologist at Darnell Army Hospital. After his discharge, H became employed as a serologist with Ortho-Pharmaceutical in Raritan where he remained for approximately nine months. His earnings at that time were $6,938.00 a year. In January, 1971, H enrolled in the medical program at the medical school of the University of Guadalajara, Mexico. W and their daughter remained in Pennsylvania where W worked to support the family and to facilitate H's education. W and their daughter joined H in Mexico for the last three years of medical school. They returned to Pennsylvania in January, 1975, where H undertook his required fifth year of medical training. H took an internship at the same hospital. During 1975-1976, H lived at the residents' quarters while W and their three children resided in a rented home. H entered a two-year residency program and received his license to practice in February 1977. On August 27, 1977, H informed his wife that he no longer wished to continue their marital relationship. W commenced an action in divorce. A divorce decree was entered October 9, 1981, with the court retaining jurisdiction over the issues of support, alimony and equitable distribution. A master rejected W's claim that H's medical license was `marital property.' The Master recommended $100 a week alimony for W until September 26, 1994. The trial judge approved the recommendations of the special master and entered a final decree. Both parties appealed.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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