Biler v. Biler

HESTER, Judge:

This is an' appeal from an order awarding support to wife-appellee in the amount of $400 per month. Appellant argues that he and his wife are not separated within the meaning of the support statute, 48 P.S. § 131, 1 for they continue to reside in the marital residence. He further contends that, irrespective of the fact that if the parties are separated, he continued to provide suitable maintenance for his wife so that the court erred in entering a support order. We hold that the parties are indeed separated though they live under the same roof, and that the support order was…