Gordon v. Gordon

I join in the majority opinion of Mr. Justice Flaherty. However, I write separately to explicitly reject application of LaBuda v. LaBuda, 349 Pa.Super. 524, 503 A.2d 971 (1986), allocatur denied, 514 Pa. 648, 524 A.2d 494 (1987), relied upon by the Superior Court below and Mr. Justice Castille in his concurring and dissenting opinion in analyzing whether Mr. Gordon’s early retirement incentives are marital property.

Here, after more than eighteen years of marriage, Mr. Gordon obtained a divorce based on indignities to his person.1 *401The trial court fixed the parties’ separation date as December…