← LexyCorpus index

LexyCorpus case page

CourtListener opinion 4262671

Date unknown · US

Extracted case name
pending
Extracted reporter citation
167 A.3d 127
Docket / number
1055 EDA 2017
QDRO relevance 5/5Retirement relevance 5/5Family-law relevance 5/5gold label pending
Research-use warning: This page contains machine-draft public annotations generated from public opinion text. The headnote is not Willie-approved gold-label work product and is not legal advice. Verify the full opinion and current law before relying on it.

Machine-draft headnote

Machine-draft public headnote: CourtListener opinion 4262671 is included in the LexyCorpus QDRO sample set as a public CourtListener opinion with relevance to pension / defined benefit issues. The current annotation is conservative: it identifies source provenance, relevance signals, and evidence quotes for attorney/agent retrieval. It is not a Willie-approved legal headnote yet.

Retrieval annotation

Draft retrieval summary: this opinion has QDRO relevance score 5/5, retirement-division score 5/5, and family-law score 5/5. Use the quoted text and full opinion below before relying on the case.

Category: pension / defined benefit issues

Evidence quotes

QDRO

l without need for assistance from Husband." Id. at 14. Additionally, the trial court indicated: [T]he trial court as part of its equitable distribution order divided an estate worth over $7 million not including certain pension benefits that are to be QDRO'ed, giving [Wife] fifty-five percent (55%). The trial court found that [Wife's] reasonable needs would be met with her current net income and her share of the marital estate, which is in excess of $3.8 million excluding the aforesaid pensions. Furthermore, the trial court finds awarding [Wife] alimony would be inappropriate given the income of the par

retirement benefits

o retain the collectibles located in the marital home. 9. Each party is to keep the household furnishings currently in their possession. 10. Cash assets are to be divided based on the values as of December 31, 2016[,] or as close thereto as possible. 11. Retirement accounts (other than defined benefit plans) are to be divided based on the values as of December 31, 2016[,] or as close thereto as possible. Id. at 5. The trial court directed each party to pay their own counsel fees and directed no alimony for either party. Id. at 5-6. The trial court set forth the following explanation for its distribution: -3- J-A05032

pension

id. at 1-5. In furtherance of this division, the trial court directed the following: 1. Wife is to receive the real estate at 1 Pickering Trail, Thornton, PA. 2. Husband is to receive the real estate located in Michigan. 3. All four (4) defined benefit pension plans are to be divided by QUADRO. 4. Wife is to receive 55% and Husband is to receive 45% of the Stock Certificates held in Wells Fargo[.] 5. Husband is to retain the following automobiles: 1. 2007 Volvo 2. 1984 Mercedes 3. 2006 Ford Escape 6. Wife is to retain the 2004 BMW. 7. Each party is to retain the artwork currently in their possession. Wi

401(k)

ailing to give any consideration to Wife's evidence that Husband dissipated $4.4M of marital property? 3. Did the trial court erroneously neglect to divide the artwork acquired during the marriage? 4. Did the trial court err by assigning a value to Wife's 401(k) without the benefit of any expert opinion? ____________________________________________ 2 Specifically, on February 10, 2014, Wife filed a petition for contempt averring that Husband had not complied with the trial court's May 16, 2013, discovery order. -5- J-A05032-18 5. Did the trial court erroneously hold that a severance payment made prior to s

Source and provenance

Source type
courtlistener_qdro_opinion_full_text
Permissions posture
public
Generated status
machine draft public v0
Review status
gold label pending
Jurisdiction metadata
US
Deterministic extraction
reporter: 167 A.3d 127 · docket: 1055 EDA 2017
Generated at
May 14, 2026

Related public corpus pages

Deterministic links based on shared title/citation terms and QDRO / retirement / family-law retrieval scores.

Clean opinion text

J-A05032-18

 2018 PA Super 83

 RONALD SCHULTZ : IN THE SUPERIOR COURT OF
 : PENNSYLVANIA
 :
 v. :
 :
 :
 SUZETTE SCHULTZ :
 :
 Appellant : No. 1055 EDA 2017

 Appeal from the Decree March 8, 2017
 In the Court of Common Pleas of Delaware County Civil Division at No(s):
 No. 2010-06754

BEFORE: DUBOW, J., MURRAY, J., and STEVENS*, P.J.E.

OPINION BY STEVENS, P.J.E.: FILED APRIL 10, 2018

 Suzette Schultz ("Wife") appeals from the decree in divorce entered on

March 8, 2017, in the Court of Common Pleas of Delaware County, related to

the dissolution of her marriage to Ronald Schultz ("Husband"). The trial court

entered the final decree following an order resolving the parties' economic

claims, as well as an order denying Wife's outstanding petition for contempt

related to the trial court's discovery order. After a careful, we affirm.

 The relevant facts and procedural history are as follows: The parties

were married on September 22, 1984, and they separated on December 2,

2009. Trial Court Order, filed 1/26/17, at 1. The parties have one adult

emancipated daughter, and both parties are college educated. Id. Husband,

who is sixty-one years old, is an executive at Cardinal Health, and Wife, who

is fifty-six years old, is a project manager at Astra Zeneca. Id.

____________________________________
* Former Justice specially assigned to the Superior Court.
 J-A05032-18

 On December 8, 2009, Husband filed a complaint in divorce in the

Chester County Court of Common Pleas averring the parties' marriage was

irretrievably broken and requesting, inter alia, equitable distribution of the

marital estate. On January 19, 2010, Wife filed preliminary objections seeking

to transfer the matter to Delaware County, which is where the marital home

was located and the parties resided. By order entered on April 1, 2010, the

trial court granted Wife's preliminary objections and transferred the matter to

the Delaware County Court of Common Pleas.

 Wife filed an affidavit indicating she was not opposed to the entry of a

divorce decree, but that she sought economic relief, including equitable

distribution of the marital estate and alimony. Thereafter, the trial court held

numerous hearings regarding the economic claims.

 At the conclusion of all testimony and evidence, the trial court entered

an order on January 26, 2017, disposing of the equitable distribution claims

and denying Wife's alimony claim.1 Specifically, the trial court determined

Husband's net monthly income was $15,941.00, and Wife's net monthly

income was $10,409.00. Trial Court Order, filed 1/26/17, at 1. The trial court

noted Wife had been receiving $2,213.00 in spousal support since 2012. See

id. Further, after setting forth in detail the items contained in the marital

____________________________________________

1 Wife filed an appeal from the equitable distribution order; however, she
subsequently withdrew the appeal.

 -2-
 J-A05032-18

estate, as well as the valuation for each item, the trial court directed that Wife

is to receive 55% of the marital estate, while Husband is to receive 45% of

the marital estate. See id. at 1-5. In furtherance of this division, the trial

court directed the following:

 1. Wife is to receive the real estate at 1 Pickering Trail, Thornton,
 PA.
 2. Husband is to receive the real estate located in Michigan.
 3. All four (4) defined benefit pension plans are to be divided by
 QUADRO.
 4. Wife is to receive 55% and Husband is to receive 45% of the
 Stock Certificates held in Wells Fargo[.]
 5. Husband is to retain the following automobiles:
 1. 2007 Volvo
 2. 1984 Mercedes
 3. 2006 Ford Escape
 6. Wife is to retain the 2004 BMW.
 7. Each party is to retain the artwork currently in their possession.
 Wife owes Husband $4,641.00.
 8. Wife is to retain the collectibles located in the marital home.
 9. Each party is to keep the household furnishings currently in
 their possession.
 10. Cash assets are to be divided based on the values as of
 December 31, 2016[,] or as close thereto as possible.
 11. Retirement accounts (other than defined benefit plans) are
 to be divided based on the values as of December 31, 2016[,]
 or as close thereto as possible.

Id. at 5. The trial court directed each party to pay their own counsel fees and

directed no alimony for either party. Id. at 5-6.

 The trial court set forth the following explanation for its distribution:

 -3-
 J-A05032-18

 Husband's contribution during the marriage by way of salary
 and stock options was at time far greater than Wife's contribution.
 However[,] testimony also showed that Husband expended assets
 during the marriage which may not have been expended for the
 purpose of benefitting the parties but for the benefit of other
 persons.
 It is not the role of the Court to recoup expenditures made
 during the marriage by one party that the other party does not
 know about or does not agree with, or to make a party whole
 again. However, it is the duty of the Court to equitably divide the
 marital assets.
 In determining the percentage division of marital assets
 awarded to each party, the Court reviewed all the factors as set
 forth in the Statute. The Court did give considerable consideration
 to both the contributions of the parties, both monetary and non-
 monetary, and the dissipation of assets by the parties.
 In addition, the Court is not awarding any division of the
 following as marital property. Instead, the Court considered the
 following along with other items and testimony when determining
 the percentage of the marital assets to award to each party.
 1. 310 W. Broad Street
 4542 Game Preserve Road
 Except for funds deposited into joint account when
 property sold
 2. Missing artwork-no evidence presented as to what
 was missing or its value
 3. LEH Preservation book-$100,000.00 investment by
 Husband
 4. Monies used by Husband during course of marriage
 5. Tuition paid for daughter by Wife
 6. Expenses for House paid by Wife while residing
 there[.]

Id. at 6-7.

 -4-
 J-A05032-18

 Moreover, as there was an outstanding petition for contempt filed by

Wife regarding a discovery order entered in this case,2 the trial court issued

an order denying Wife's contempt petition. Wife filed motions for

reconsideration of the trial court's January 26, 2017, equitable distribution

order, as well as the order relating to the denial of her contempt petition. By

order entered on February 22, 2017, the trial court denied Wife's motions for

reconsideration. The trial court entered a final divorce decree on March 8,

2017, and Wife filed a notice of appeal on March 23, 2017. By order entered

on March 29, 2017, the trial court directed Wife to file a Pa.R.A.P. 1925(b)

statement, Wife timely complied, and the trial court filed a responsive

Pa.R.A.P. 1925(a) opinion on July 7, 2017.

 On appeal, Wife presents the following issues for our review:

 1. In fashioning the equitable distribution award, did the trial
 court err by failing properly to apply the factors outlined in 23
 Pa.C.S.[A.] § 3502 to divide the marital estate in an equitable
 manner and to give a reasoned explanation for that division,
 as required by 23 Pa.C.S.[A.] § 3506?
 2. In its division of marital property, did the trial court err by
 failing to give any consideration to Wife's evidence that
 Husband dissipated $4.4M of marital property?
 3. Did the trial court erroneously neglect to divide the artwork
 acquired during the marriage?
 4. Did the trial court err by assigning a value to Wife's 401(k)
 without the benefit of any expert opinion?

____________________________________________

2 Specifically, on February 10, 2014, Wife filed a petition for contempt averring
that Husband had not complied with the trial court's May 16, 2013, discovery
order.

 -5-
 J-A05032-18

 5. Did the trial court erroneously hold that a severance payment
 made prior to separation was not marital property?
 6. Did the trial court make various errors in its valuation of bank
 and brokerage accounts and erroneously ignore stipulations as
 to the value of these and other items of personality?
 7. Did the trial court err when it failed to award alimony to Wife?
 8. Did the trial court err when it denied Wife's claim for counsel
 fees?
 9. Did the trial court err by failing to find Husband in contempt of
 the May 16, 2013[,] Order?

Wife's Brief at 13-14.

 Initially, as Wife's issues one through six relate to the trial court's

equitable distribution order, we note the following relevant legal precepts.

 A trial court has broad discretion when fashioning an award of
 equitable distribution. Our standard of review when assessing the
 propriety of an order effectuating the equitable distribution of
 marital property is whether the trial court abused its discretion by
 a misapplication of the law or failure to follow proper legal
 procedure. We do not lightly find an abuse of discretion, which
 requires a showing of clear and convincing evidence. This Court
 will not find an "abuse of discretion" unless the law has been
 overridden or misapplied or the judgment exercised was
 manifestly unreasonable, or the result of partiality, prejudice,
 bias, or ill will, as shown by the evidence in the certified record.
 In determining the propriety of an equitable distribution award,
 courts must consider the distribution scheme as a whole. We
 measure the circumstances of the case against the objective of
 effectuating economic justice between the parties and achieving a
 just determination of their property rights.

Carney v. Carney, 167 A.3d 127, 131 (Pa.Super. 2017) (internal citations,

quotation marks, and quotation omitted). Moreover, it is within the province

of the trial court to weigh the evidence and decide credibility, and this Court

 -6-
 J-A05032-18

will not reverse those determinations as long as they are supported by the

evidence. Sternlicht v. Sternlicht, 822 A.2d 732, 742 (Pa.Super. 2003).

 In her first issue, Wife claims that, in fashioning the equitable

distribution award, the trial court erred by failing properly to apply the factors

outlined in 23 Pa.C.S.A. § 3502(a)3 to divide the marital estate in an equitable

____________________________________________

323 Pa.C.S.A. § 3502(a), relating to the equitable division of marital property,
provides the following:
 (a) General rule.--Upon the request of either party in an action
 for divorce or annulment, the court shall equitably divide,
 distribute or assign, in kind or otherwise, the marital property
 between the parties without regard to marital misconduct in such
 percentages and in such manner as the court deems just after
 considering all relevant factors. The court may consider each
 marital asset or group of assets independently and apply a
 different percentage to each marital asset or group of assets.
 Factors which are relevant to the equitable division of marital
 property include the following:
 (1) The length of the marriage.
 (2) Any prior marriage of either party.
 (3) The age, health, station, amount and sources of
 income, vocational skills, employability, estate,
 liabilities and needs of each of the parties.
 (4) The contribution by one party to the education,
 training or increased earning power of the other party.
 (5) The opportunity of each party for future
 acquisitions of capital assets and income.
 (6) The sources of income of both parties, including,
 but not limited to, medical, retirement, insurance or
 other benefits.
 (7) The contribution or dissipation of each party in the
 acquisition, preservation, depreciation or appreciation
 of the marital property, including the contribution of a
 party as homemaker.
 (8) The value of the property set apart to each party.
 (9) The standard of living of the parties established
 during the marriage.

 -7-
 J-A05032-18

manner and failing to give a reasoned explanation for its division, as required

by 23 Pa.C.S.A. § 3506.4 Specifically, Wife alleges:

 The trial judge provided no explanation for the 55%/45%
 division of the marital property. Neither her Order nor her Opinion
 demonstrates that she considered or weighed the factors. If she
 did, she did not identify the weight and/or significance she gave
 to each and how she synthesized the results and arrived at the
 split. At the very least, this Court should remand the case and
 order that [the trial judge] provide some explanation for her
 55%/45% division of the marital property.

Wife's Brief at 34 (footnote and citation omitted).

 In support of her argument, Wife cites to Powell v. Powell, 577 A.2d

576 (Pa.Super. 1990), in which this Court held the trial court must not

____________________________________________

 (10) The economic circumstances of each party at the
 time the division of property is to become effective.
 (10.1) The Federal, State and local tax ramifications
 associated with each asset to be divided, distributed
 or assigned, which ramifications need not be
 immediate and certain.
 (10.2) The expense of sale, transfer or liquidation
 associated with a particular asset, which expense
 need not be immediate and certain.
 (11) Whether the party will be serving as the
 custodian of any dependent minor children.
23 Pa.C.S.A. § 3502(a). We note that this list is not exhaustive, there is no
simple formula by which to divide marital property, and the list of factors in
Section 3502 serve as a guideline for consideration by the trial court. See
Ressler v. Ressler, 644 A.2d 753 (Pa.Super. 1994).

4 Pertaining to the statement of the reasons for the distribution, the Divorce
Code relevantly provides that "[i]n an order made under this chapter for the
distribution of property, the court shall set forth the percentage of distribution
for each marital asset or group of assets and the reason for the distribution
ordered." 23 Pa.C.S.A. § 3506.

 -8-
 J-A05032-18

presume a 50/50 distribution, but must examine the factors set forth in

Section 3502(a).

 In the case sub judice, the trial court specifically stated that "[i]n

determining the percentage division of marital assets awarded to each party,

the Court reviewed all the factors as set forth in the Statute." Trial Court

Order, filed 1/26/17, at 6. After a careful review, we find no indication the

trial court improperly presumed a 50/50 split; but rather, the trial court

carefully examined the appropriate factors under Section 3502(a), as well as

set forth the reasons for the distribution as directed by Section 3506. See id.

at 1-7. Without additional development of the argument by Wife, we decline

to address the issue further and conclude she is not entitled to relief.

 In her second issue, Wife claims that, in fashioning its equitable

distribution order, the trial court erred in failing to give any consideration to

Wife's evidence that Husband dissipated $4.4M of the marital estate.

Specifically, Wife contends Husband dissipated the marital funds "by giving it

to or using it for the benefit of paramours with whom [he was] involved in

extra-marital affairs." Wife's Brief at 37 (citations omitted). In furtherance

of her argument, Wife sets forth various purchases and expenditures allegedly

made by Husband, which she claims were made for the benefit of Husband's

"presumptive paramour-Evelyn Beckman," as well as Husband's "admitted

paramour-Barbara G. Smith," and she suggests the trial court wholly failed to

 -9-
 J-A05032-18

consider these purchases/expenditures in fashioning its equitable distribution

order. Id. at 38-41. We find no merit to Wife's issue.

 In its January 26, 2017, order, the trial court specifically indicated:

 Husband expended assets during the marriage which may
 not have been expended for the purpose of benefitting the parties
 but for the benefit of other persons.
 It is not the role of the Court to recoup expenditures made
 during the marriage by one party that the other party does not
 know about or does not agree with, or to make a party whole
 again. However, it is the duty of the Court to equitably divide the
 marital assets.

Trial Court Order, filed 1/26/17, at 6. Further, the trial court specifically

indicated that, in dividing the marital assets, it gave "considerable

consideration" to "the dissipation of assets[.]" Id. Moreover, the trial court

indicated that, in determining the percentage of the marital assets to award

to each party, it considered the "[m]onies used by Husband during course of

marriage[.]" Id.

 Further, to the extent Wife presented the issue in her Rule 1925(b)

statement,5 the trial court relevantly responded that "[i]n this case, hundreds

____________________________________________

5 The majority of Wife's allegation that Husband dissipated $4.4M in favor of
his paramours relates to alleged expenditures made by Husband with regard
to Ms. Beckman, who Wife argued is Husband's "presumptive paramour."
Wife's Brief at 38-39. However, in her court-ordered Pa.R.A.P. 1925(b)
statement, Wife presented no specific issue as it relates to Husband's alleged
dissipation of funds in favor of Ms. Beckman. For instance, in her Pa.R.A.P.
1925(b) statement, Wife alleged the "trial court abused its discretion by failing
to: . . .address the $87,750.00 that Husband removed from marital accounts
and gave to his paramour, Barbara Smith. . .[or] take into account the

 - 10 -
 J-A05032-18

of documents were entered into evidence and days upon days of testimony

presented for consideration by the trial court. . . .All the evidence and

testimony was considered by the trial court when deciding the equitable

distribution order in this matter." Trial Court Opinion, filed 7/7/17, at 21.

Accordingly, we find Wife is not entitled to relief.

 In her third issue, Wife claims the trial court erred in neglecting to divide

the artwork acquired by the parties during the marriage pursuant to the

parties' stipulated gross values. Wife avers the trial court erred in failing to

set values for the artwork or fashioning an appropriate division thereof. Wife's

Brief at 48-49. Accordingly, she requests this Court "remand for a distribution

of the artwork." Id. at 49.

 Initially, we note that the issue as phrased by Wife on appeal is different

from her issue as presented in her court-ordered Pa.R.A.P. 1925(b) statement.

Specifically, in her Rule 1925(b) statement, Wife averred the following as it

related to the artwork:

 Valuation Errors
 Artwork
 1. The trial court made an error and/or abused its discretion by:

____________________________________________

furniture that Husband gifted to his paramour and her children. . .[or] take
into account the monies Husband invested in the Leh Book Deal." Wife's
Pa.R.A.P. 1925(b) Statement, filed 4/19/17. However, she does not present
a specific issue identifying Ms. Beckman as Husband's "presumptive
paramour" or Husband's dissipation of marital funds in furtherance of the
relationship.

 - 11 -
 J-A05032-18

 a. holding the artwork that it awarded to Wife was
 worth $52,505.00.
 b. holding that the artwork awarded to Husband was
 worth $440,845.00.
 c. using these figures and charging them to each
 respective party in reaching its conclusion that it
 had generated a 55%/45% split of the marital
 estate to Wife/Husband.

Wife's Pa.R.A.P. 1925(b) Statement, filed 4/19/17 (emphasis in original).

 In addressing Wife's claim as presented in her Rule 1925(b) statement,

the trial court indicated:

 [Wife] also complains that the trial court did not
 appropriately divide the parties' artwork. The trial court, however,
 divided the artwork in accordance with the parties' stipulation,
 which was placed on [the] record in open court. Specifically, the
 parties accepted the appraisals submitted by each expert and a
 value was assigned based upon these appraisals although not
 included in the order itelf.1 However, for purposes of dividing the
 marital estate, the value of Husband's artwork was $440,845
 (N.T., 8/22/16, at 108) and Wife's appraiser set the value of Wife's
 artwork at $52,505. (N.T., 4/27/15, at 32).
 1This was an omission by the trial court not to include the values

 of the artwork; however, [Wife] has failed to raise this specific
 issue on appeal and has therefore waived this.

Trial Court Opinion, filed 7/7/17, at 7.

 Seizing upon the trial court's acknowledgment in its Rule 1925(a)

opinion that the trial court had omitted from its order the values for the

artwork, Wife now claims, for the first time, that the trial court erred in failing

to set values for the artwork. However, this specific claim is waived. See

Pa.R.A.P. 1925(b)(4)(vii) ("Issues not included in the Statement and/or not

 - 12 -
 J-A05032-18

raised in accordance with the provisions of this paragraph (b)(4) are

waived.").

 In any event, the record reflects Wife and Husband stipulated at trial

they would each retain the artwork in their possession and Wife would pay

Husband $4,631.00 for an appraisal. This stipulation is reflected in the trial

court's order in which it specifically listed as a marital asset: "Artwork-Various

paintings held by each party-Stipulation that Wife owes Husband

$4,641.00[.]" Trial Court Order, filed 1/26/17, at 2. Further, the trial court

directed "[e]ach party is to retain the artwork currently in their possession.

Wife owes Husband $4,641.00." Id. at 5. Thus, we find Wife is not entitled

to relief.

 In her fourth issue, Wife claims the trial court erred in assigning a value

to Wife's 401(k) without the benefit of an expert's opinion. In this regard,

Wife contends that, after the trial court indicated the court would not accept

Wife's expert's report, the trial court erred in denying Wife's request for

permission to supplement the record with a revised report from her existing

expert or a new expert. See Wife's Brief at 53. Alternatively, she contends

the trial court should have "hired a court-appointed expert to perform the

appropriate calculations." Id. at 55. Further, she contends the trial court's

conclusion that the entirety of her 401(k), valued at $959,376.00, constitutes

marital property is not supported by adequate evidence in the record. See

id.

 - 13 -
 J-A05032-18

 Initially, we note that, in her court-ordered Pa.R.A.P. 1925(b)

statement, as it related to her 401(k), Wife presented the following issue:

 The trial court incorrectly evaluated Wife's Astra Zeneca 401(k).
 The Court held that the fund was worth $959,376. It erred and
 abused its discretion by including post-separation figures in
 valuing Wife's 401(k). It reached said evaluation of the Astra
 Zeneca 401(k) without any documentation, evidence or
 testimony.

Wife's Pa.R.A.P. 1925(b) Statement.

 As is evident, Wife did not allege in her court-ordered Pa.R.A.P. 1925(b)

statement that the trial court erred in denying her request for permission to

supplement the record with a revised expert report or that the trial court

should have appointed an expert. Accordingly, we decline to address these

specific issues further. See Pa.R.A.P. 1925(b)(4)(vii).

 Regarding Wife's contention the record does not support the trial court's

inclusion of the entirely of her 401(k) as marital property (valued at

$959,376.00) the trial court relevantly explained in its Rule 1925(a) opinion

that Wife presented an expert witness, William Troyan. However, Mr. Troyan

admitted his reports were erroneous, N.T., 1/15/17, at 33, and Wife's counsel

acknowledged this fact as well. N.T., 1/15/17, at 50. Despite being warned

that "Mr. Troyan's report could not be accepted as evidence," Wife offered no

evidence to establish that any portion of her 401(k) was non-marital property.

Trial Court Opinion, filed 7/7/17, at 8-10. Accordingly, the trial court accepted

Husband's contention that the entirety of the 401(k), valued at $959,376.00,

 - 14 -
 J-A05032-18

constituted marital property. We find no abuse of discretion in this regard.

See Carney, supra.

 In her fifth issue, Wife claims the trial court erred in holding that a

$218,673.00 severance payment made to Husband by his former employer,

Teva Pharmaceutical Company, was not marital property. Specifically, Wife

contends the severance payment was made to Husband prior to the date of

the parties' separation and, further, that the date of payment is dispositive of

the issue such that there is no need to determine the reason for the payment.

 In addressing Wife's issue, the trial court relevantly indicated the

following:

 [Wife] complains that the trial court did not include
 [Husband's] severance check as part of the marital estate for
 distribution. [Husband,] however, produced competent evidence
 that the severance check was not for past services which occurred
 during the marriage but for a non-compete clause for twelve (12)
 months moving forward post 2009. (N.T., 8/22/17, at 171). The
 trial court accepted the evidence presented that established that
 the severance was paid to [Husband] in exchange for his non-
 competition with his former employer, Teva Pharmaceuticals. The
 trial court did not, therefore, abuse its discretion or err when
 deciding that the severance was executed in exchange for future
 restraint on employment and was not paid for past services
 rendered [such that it did not constitute marital property].

Trial Court Opinion, filed 7/7/17, at 19.

 We agree with the trial court's sound reasoning. Initially, contrary to

Wife's assertion, the trial court determined the parties separated on December

2, 2009 (and not December 8, 2009). See Trial Court Order, filed 1/26/17,

 - 15 -
 J-A05032-18

at 1; Wife's Brief at 57. Husband received the severance payment on

December 4, 2009.

 As to the nature of the payment, the severance agreement sets forth

the payment was in exchange for Husband's agreement not to compete with

Teva Pharmaceuticals for twelve months following the termination of his

employment on December 31, 2009. Thus, pursuant to the Divorce Code, the

severance payment did not constitute marital property. See 23 Pa.C.S.A. §

3501 ("[M]arital property does not include. . .(8) Any payment received as a

result of an award or settlement for any cause of action or claim which

accrued. . . after the date of final separation regardless of when the payment

was received."); Berry v. Berry, 898 A.2d 1100, 1105-06 (Pa.Super. 2006)

(in determining whether severance pay is marital property the court must

determine whether the pay was intended to compensate the employee for

efforts made during the marriage or to replace post-separation earnings; in

the latter situation, it is not marital property). Accordingly, we find no abuse

of discretion. Carney, supra.

 In her sixth issue, Wife claims the trial court erred in its valuation of the

bank and brokerage accounts, and further, erred in failing to accept the

parties' stipulation of value as to various assets. Specifically, Wife claims (1)

the parties stipulated the value of Husband's three retirement accounts (T.

Rowe Price Account ending 6042, Merrill Lynch Account ending 0655, and

Merrill Lynch Account ending 0015), was valued at $1,073,968.39; however,

 - 16 -
 J-A05032-18

the trial court simply indicated "Merrill Lynch #0015, All marital at

$806,761.00;" (2) the trial court erred in omitting as marital property a

National Penn IRA (Acct. # 6802, now 4022), which the parties stipulated was

worth $24,452.95; (3) the trial court failed to credit the parties' stipulation

that the 2007 Volvo was worth $5,875.00, thus erring in valuing the car at

$4,875.00; and (4) the trial court failed to credit the parties' stipulation that

the Mercedes Benz was worth $8,250.00, thus erring in valuing the car at

$8,000.00. Wife's Brief at 60-61.

 Initially, we note that, in her court-ordered Rule 1925(b) statement,

with regard to bank and brokerage accounts, Wife indicated the following:

 Valuation Errors
 Bank Accounts
 5. The trial court made an error and/or abused its discretion by:
 a. incorrectly stating the value of the Merrill Lynch
 account owned by the parties with an account number
 ending in numbers 1080.
 b. incorrectly stating the value of the Bank of America
 account owned by the parties with an account number
 ending in numbers 4842.
 c. incorrectly stating the value of the National Penn
 Bank account owned by the parties with an account
 number ending in numbers 1820.

Wife's Pa.R.A.P. 1925(b) Statement, filed 4/19/17 (emphasis in original).

 However, on appeal, Wife challenges the valuation of Husband's three

retirement accounts: T. Rowe Price Account ending 6042, Merrill Lynch

Account ending 0655, and Merrill Lynch Account ending 0015. Wife's Brief at

 - 17 -
 J-A05032-18

59-60. She also challenges the trial court's alleged omission of the National

Penn IRA (Acct. # 6802, now 4022) as a marital asset. 6 Id. at 60. As is

evident, Wife did not present these specific issues in her court-ordered Rule

1925(b) statement, and accordingly, we decline to address the issues further.

See Pa.R.A.P. 1925(b)(4)(vii).

 As it relates to the valuation of the 2007 Volvo, Wife asserts the trial

court "failed to credit the parties' stipulation that the 2007 Volvo was worth

$5,875.[00]; [but rather,] it valued the vehicle at $4,875.[00]." Wife's Brief

at 60. Wife is mistaken in this regard. In its January 26, 2017, order, the

trial court specifically listed: "2007 Volvo-$5,875.00." Trial Court Order, filed

1/26/17, at 2.

 With regard to the trial court's valuation of the Mercedes Benz, Wife is

correct that the trial court valued it at $8,000.00. See id. However, we find

no abuse of discretion in this regard. While Wife argues the value of the

Mercedes Benz was stipulated to be $8,250.00, the trial court indicated at trial

"[i]t looks like there was a stipulation, 8,000--." N.T., 8/22/16, at 215. In

any event, the record reveals that, in reviewing the list of assets, Wife argued

the Mercedes Benz was a "classic car," while Husband argued it was "an old

car." Id. at 214. The trial court was permitted to take this into consideration

____________________________________________

6We note Wife is mistaken in her assertion. The trial court specifically listed
"National Penn #6802-All marital" in its January 26, 2017 order. Trial Court
Order, filed 1/26/17, at 2.

 - 18 -
 J-A05032-18

in valuing the asset. See Morgante v. Morgante, 119 A.3d 382, 391

(Pa.Super. 2015) (holding the trial court's equitable distribution order should

be upheld where it "effectuates economic justice between the parties and

achieves a just determination of their property rights") (citation omitted)).

 In her seventh issue, Wife claims the trial court erred in failing to award

her alimony. More specifically, Wife contends that a proper analysis of the

statutory factors set forth in 23 Pa.C.S.A. § 3701(b), which the trial court

failed to analyze, reveals the trial court abused its discretion in awarding her

alimony.

 Initially, we note:

 Our standard of review regarding questions pertaining to the
 award of alimony is whether the trial court abused its discretion.
 We previously have explained that the purpose of alimony is not
 to reward one party and to punish the other, but rather to ensure
 that the reasonable needs of the person who is unable to support
 himself or herself through appropriate employment, are met.
 Alimony is based upon reasonable needs in accordance with the
 lifestyle and standard of living established by the parties during
 the marriage, as well as the payor's ability to pay. Moreover,
 alimony following a divorce is a secondary remedy and is available
 only where economic justice and the reasonable needs of the
 parties cannot be achieved by way of an equitable distribution
 award and development of an appropriate employable skill.

Teodorski v. Teodorski, 857 A.2d 194, 200 (Pa.Super. 2004) (citation and

internal quotation marks omitted).

 In general, the court may award alimony, as it deems reasonable, to

either party only if it finds that alimony is necessary. 23 Pa.C.S.A. § 3701(a).

In determining whether alimony is necessary and in determining the nature,

 - 19 -
 J-A05032-18

amount, duration, and manner of payment of alimony, the trial court shall

consider all relevant factors, including those listed in 23 Pa.C.S.A. § 3701(b).

The relevant statutorily-mandated factors to determine whether alimony is

necessary include the following: the relevant earnings and earning capacities

of the parties; the ages and physical conditions of the parties; the sources of

income of both parties; the duration of the marriage; the standard of living

the parties established during the marriage; the relative assets and liabilities

of the parties; the relative needs of the parties; and the marital misconduct

of the parties. See 23 Pa.C.S.A. § 3701(b). We note that the factors in

Section 3701(b) do not create an exhaustive list. Ressler, supra. In fact,

the trial court should also consider the assets the petitioning spouse received

in equitable distribution. Id.

 Here, regarding the Section 3701 factors, the trial court made the

following findings. Husband is sixty-one years old, and Wife is fifty-six years

old. Trial Court Order, filed 1/26/17, at 1. The parties were married for

twenty-five years, and both are employed in the pharmaceutical field. Id.

The trial court determined Husband's net monthly income was $15,941.00,

while Wife's monthly net income was $10,409.00. Id. The trial court

considered that Husband contributed monetarily to the marriage to a degree

greater than that of Wife; however, the trial court also considered that

Husband expended assets to a greater degree. Id. at 6.

 - 20 -
 J-A05032-18

 In its opinion, after setting forth the Section 3701(b) factors, the trial

court found that Wife "is in good health and has many employable years ahead

of her." Trial Court Opinion, filed 7/7/17, at 13. Further, the trial court noted

that it found much of Wife's testimony concerning her monthly expenses to

be incredible. Id. at 12. In any event, the trial court concluded that "even

if the trial court accepted as true all the expenses [Wife] alleges as reasonable,

which the trial court did not, [Wife] has enough net monthly income to cover

her monthly expenses in total without need for assistance from Husband." Id.

at 14.

 Additionally, the trial court indicated:

 [T]he trial court as part of its equitable distribution order
 divided an estate worth over $7 million not including certain
 pension benefits that are to be QDRO'ed, giving [Wife] fifty-five
 percent (55%). The trial court found that [Wife's] reasonable
 needs would be met with her current net income and her share of
 the marital estate, which is in excess of $3.8 million excluding the
 aforesaid pensions. Furthermore, the trial court finds awarding
 [Wife] alimony would be inappropriate given the income of the
 parties and the value of the marital estate.
 In the instant matter, after equitable distribution, [Wife] will
 have sufficient income and assets to provide for her current
 lifestyle. Therefore, the trial court, having made such finding[,]
 did not award [Wife] alimony.

Id. at 15.

 In light of the aforementioned, we conclude the trial court did not err in

denying Wife's request for alimony. Specifically, in light of its consideration

of the relevant statutory factors and the assets Wife received in equitable

 - 21 -
 J-A05032-18

distribution, the trial court "effectuated economic justice." See Teodorski,

supra.

 In her eighth issue, Wife claims the trial court erred in denying her

request for counsel fees. Specifically, Wife contends the trial court should

have awarded her counsel fees since Husband resisted discovery, thus causing

Wife to expend "unnecessary legal resources." Id. at 73.

 Reasonable counsel fees may be awarded in divorce proceedings under

23 Pa.C.S.A. § 3702. With regard to petitions filed under Section 3702:

 We will reverse a determination of counsel fees and costs only for
 an abuse of discretion. The purpose of an award of counsel fees
 is to promote fair administration of justice by enabling the
 dependent spouse to maintain or defend the divorce action
 without being placed at a financial disadvantage; the parties must
 be "on par" with one another.
 Counsel fees are awarded based on the facts of each case after a
 review of all the relevant factors. These factors include the
 payor's ability to pay, the requesting party's financial resources,
 the value of the services rendered, and the property received in
 equitable distribution.

Teodorski, 857 A.2d at 201. In determining whether the trial court has

abused its discretion, we do not usurp the trial court's duty as fact finder. Id.

 In explaining the reasons it denied Wife's request for counsel fees, the

trial court indicated the following:

 [Wife] requested reimbursement from [Husband] for the
 legal fees expended, not only in the divorce action but several
 other actions, separate and apart from the divorce. (N.T.,
 1/14/17, at 106). These charges included payment by [Wife] to
 an attorney to review a judicial conduct complaint [Wife] filed
 against a visiting judge, the Honorable John Braxton, who was
 assigned the discovery portion of the equitable distribution case.

 - 22 -
 J-A05032-18

 They also included a request for reimbursement for an $800.00
 sanction assessed against [Wife's] then counsel and
 reimbursement for attorney's fees that [Wife] was court ordered
 to pay [Husband's] then counsel following a Protection from Abuse
 action, where [Wife] had put a GPS tracker on [Husband's]
 vehicle. (N.T., 1/14/16, at 115-16). [Wife] also admitted to
 including a $7,500.00 bill without knowing what it was for. (N.T.
 1/14/17, at 129).
 Counsel fees are [generally] awarded in divorce actions [ ]
 upon a showing of need. The purpose of an award of counsel fees
 is to "promote fair administration of justice by enabling the
 dependent spouse to maintain or defend the divorce action
 without being placed at a financial disadvantage." Furthermore,
 counsel fees are awarded in divorce actions, based "on the facts
 of each case after a review of all relevant factors, which include
 the payor's ability to pay, the requesting party's financial
 resources, the value of the services rendered, and the property
 received in equitable distribution."
 The trial court found that based on [Wife's] income and her
 share of the marital estate, [Wife] would not be at a financial
 disadvantage and could pay her own counsel fees.

Trial Court Opinion, filed 7/7/17, at 21-22 (citation, quotations, and footnote

omitted).

 Under the facts of this case, we cannot find that the trial court abused

its discretion and thus, given our standard of review, we must affirm the denial

of counsel fees. Teodorski, supra. The trial court considered the financial

resources of each party and found Wife's request for counsel fees was not

reasonable. Further, while this Court has acknowledged counsel fees may be

awarded under Section 3702 where one spouse's conduct results in protracted

litigation, Wife has not demonstrated that such occurred in this case. See

Busse v. Busse, 921 A.2d 1248 (Pa.Super. 2007).

 - 23 -
 J-A05032-18

 In her final issue, Wife claims the trial court erred in failing to find

Husband in contempt of the May 16, 2013, order. Specifically, Wife contends

"[t]his Court should overturn the [trial] court's refusal to find Husband in

contempt of its May 16, 2013, order because its ruling flowed from its

erroneous decision that Husband's siphoning of $4.4 million in marital assets

did not constitute a dissipation of assets within the meaning of 23 Pa.C.S.[A.]

§ 3502(a)(7)." Wife's Brief at 78. Further, she contends that, to the extent

the trial court "castigated Wife's counsel" for "abusing the discovery

process[,]" the trial court's finding "is simply not true." Id. at 79.

 Initially, we note that we review the trial court's decision on Wife's

contempt petition for a clear abuse of discretion. Flannery v. Iberti, 763

A.2d 927 (Pa.Super. 2000). "This Court will reverse a trial court's order

denying a [ ] contempt petition only upon a showing that the trial court

misapplied the law or exercised its discretion in a manner lacking reason."

MacDougall v. MacDougall, 49 A.3d 890, 892 (Pa.Super. 2012). Thus,

"even where the facts could support an opposite result,. . .we must defer to

the trial [court] so long as the factual findings are supported by the record

and the court's legal conclusions are not the result of an error of law or an

abuse of discretion." In re Adoption of S.P., 616 Pa. 309, 47 A.3d 817,

826–27 (2012). Moreover, we defer to the trial court's credibility

determinations with respect to witnesses who have appeared before it because

 - 24 -
 J-A05032-18

that court has had the opportunity to observe their demeanor. Habjan v.

Habjan, 73 A.3d 630, 644 (Pa.Super. 2013).

 In addressing Wife's claim, the trial court provided the following

rationale for its denial of Wife's petition for contempt:

 On or about May 16, 2013, the Honorable John L. Braxton
 entered an order which [directed], in pertinent part, that [Wife]
 produce a list to [Husband] of all outstanding discovery and
 information sought and that [Husband] would have twenty (20)
 days from receipt to produce the requested information, imposing
 a daily penalty for noncompliance. On [ ] February 10, 2014,
 [Wife] filed a "Motion for Contempt of Order of May 16, 2013 and
 for Injunctive Relief to Prevent Sale/Dissipation of Marital
 Assets.". . .[Husband] filed a response thereto. . . outlining the
 ways [he] was complaint [sic] with the trial court's May 16,
 2013[,] order.
 The trial court held a hearing on [Wife's] petition for
 contempt on [ ] September 16, 201[6], which the trial court
 permitted to continue until completion at 7:00 P.M. During the
 extended hearing, the trial court patiently listened to testimony
 on 134 items requested by [Wife] in discovery. As the testimony
 ensued[,] however, it became clear that [Wife's] extended use of
 discovery was a flagrant abuse of the discovery process with
 [Wife's] requests intended to harass [Husband] rather than gather
 pertinent information. For example, [Wife] testified that she
 removed stacks of documents from [Husband's] car trunk and
 found a "Bill of Sale" for a vehicle. [Wife], in spite of knowing the
 exact price the vehicle was purchased for, proceeded to send
 discovery to [Husband] requesting all documents relating to the
 vehicle's purchase. Counsel for [Wife]. . .was outraged that in
 response to this discovery request, she received a reference to
 the "Bill of Sale" she had submitted earlier in one of the many
 proceedings as evidence. Counsel for [Wife] indicated that[,]
 although [Wife] had broken into [Husband's] vehicle and removed
 documents, which [Wife] now retained possession of, [Husband]
 should be forced to go to the car dealership to regather
 information she already had [in her possession].
 [Wife] likewise claimed [Husband] was in contempt merely
 because she did not like his responses to Interrogatories. For
 example, for several bank accounts, [Wife] requested "withdrawal

 - 25 -
 J-A05032-18

 and deposit information," for which [Husband] produced bank
 statements which included deposits and withdrawals. At the
 hearing, which occurred on September 16, 2016[,] [Wife]
 demanded [Husband] produce the actual withdrawal and deposit
 slips submitted to the bank in spite of the fact that her vaguely
 worded request did not specify this was the information sought.
 [Wife] also claimed [Husband] was in contempt when he did not
 produce documents [Husband] testified simply did not exist, such
 as a rental agreement for a property and [an] employment
 contract with Evelyn Beckman. Although the trial court attempted
 to explain that[,] although Wife may not like the answer,
 [Husband's] answer was a response to the questions, neither
 [Wife] nor [her] counsel seemed to grasp this [concept]. [Wife]
 further testified that she was able to get some bank statements
 herself with a previous court order; however, and in spite of the
 fact that she now had this information, continued to request [that
 Husband] produce it. [Wife] claimed [Husband] was in contempt
 for not producing bank statements for banks that no longer
 existed and likewise testified that she herself had difficulty getting
 some documentation even with a court order that permitted her
 access.
 [Husband] testified that when he received the 134 items
 requested he attempted to schedule an administrative conference
 but [Wife's counsel] objected to this request. [Husband] then
 testified that he, within twenty (20) days[,] complied with the
 request and supplemented the response when additional
 information became available.
 ***
 In the instant matter, the trial court found that [Wife] was
 abusing the discovery process by filing a contempt petition against
 [Husband] and seeking information and documents[,] many of
 which were already in her possession. It is unimaginable how the
 discovery process can be abused more than taking documents
 from [Husband] and turning around and requesting production of
 these same documents. Further, [Husband] timely and
 substantially complied with the requests, even with the short
 timeframe allotted. The trial court, therefore, found that
 [Husband] substantially complied with the exhaustive discovery
 request and properly entered an order. . .denying [Wife's] petition
 for contempt.

Trial Court Opinion, filed 7/7/17, 23-26.

 - 26 -
 J-A05032-18

 Applying the appropriate standard of review, we find no abuse of

discretion. MacDougall, supra. We conclude the record supports the trial

court's factual findings, and further, we remind Wife that, under our standard

of review, we defer to the trial court's credibility determinations. Habjan,

supra. To the extent Wife claims the trial court's denial of Wife's petition for

contempt was based on the court's "erroneous decision that Husband's

siphoning of $4.4 million in marital assets did not constitute a dissipation of

assets within the meaning of 23 Pa.C.S.[A.] § 3502(a)(7)," we find no merit

to her contention. As is evident, the trial court denied Wife's petition for

contempt on the basis that Wife failed to demonstrate that Husband did not

comply with the trial court's May 16, 2013, discovery order. Thus, Wife is not

entitled to relief on this claim.7 See Gunther v. Bolus, 853 A.2d 1014

(Pa.Super. 2004) (setting forth the relevant elements for contempt).

____________________________________________

7 In his appellate brief, Husband requests that we impose counsel fees upon
Wife in connection with her pursuit of the instant appeal. Pa.R.A.P. 2744
provides, in relevant part, that this Court may impose reasonable counsel fees
"if it determines that an appeal is frivolous or taken solely for delay or that
the conduct of the participant against whom costs are to be imposed is
dilatory, obdurate, or vexatious." Pa.R.A.P. 2744. Husband avers Wife's
instant appeal is frivolous and, as evident by the number of issues she raised,
grounded in bad faith. See Husband's Brief at 41. While we conclude Wife is
not entitled to relief on appeal, we disagree with Husband that her appeal has
no basis in law or fact such that it may be deemed "frivolous" under Pa.R.A.P.
2744. See U.S. Claims, Inc. v. Dougherty, 914 A.2d 874, 878 (Pa.Super.
2006) ("In determining the propriety of [ ] an award [under Rule 2744], we
are ever guided by the principle that an appeal is not frivolous simply because
it lacks merit[;][r]ather, it must be found that the appeal has no basis in law
or fact.") (quotation marks and quotation omitted)). Further, we disagree

 - 27 -
 J-A05032-18

 For all of the foregoing reasons, we find Wife is not entitled to relief.

Accordingly, we affirm.

 Affirmed.

Judgment Entered.

Joseph D. Seletyn, Esq.
Prothonotary

Date: 4/10/18

____________________________________________

with Husband that the number of issues raised by Wife is, by itself, evidence
of Wife being "dilatory, obdurate, or vexatious." See Pa.R.A.P. 2744.
Accordingly, we decline to order Wife to pay counsel fees under Pa.R.A.P.
2744.

 - 28 -