Stambaugh v. Stambaugh

Dissenting Opinion by

Mr. Justice Eoberts:

Mrs. Stambaugh is denied her right to permanent alimony solely on account of the majority’s adherence to a conceptualization unrelated to the particular and exceptional facts of this case. Because no attempt is made to view functionally the relationship of the parties and the parties’ (especially Mr. Stambaugh’s) conduct, I dissent.

Although correctly holding that Mr. Stambaugh’s ex parte Florida divorce is “ineffective on the issue of *159permanent alimony,” the majority mistakenly relies on the general rule of Pennsylvania substantive law that a divorce…