dissenting.
In Bell v. Beneficial Consumer Discount Company, 465 Pa. 225, 348 A.2d 734 (1975), this Court adopted the exception to the final judgment rule enunciated by the United States Supreme Court in Cohen v. Beneficial Industrial Loan Corp., 337 U.S. 541, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949). Cohen created a three-tiered analysis for determining the finality and appealability of an order. Conceding that orders relating to alimony pendente lite, counsel fees or expenses satisfy two factors of the Cohen analysis, the majority nevertheless concludes the claimed rights affected by such orders will not be irreparably lost if review is postponed until final judgment in the case. The majority determines that the provisions of the Divorce Code relating to equitable distribution, permanent alimony, and a final award of counsel fees and costs negate a finding of irreparable loss. As a result it then holds that such orders are interlocutory and unappealable.1
The majority’s determination, that the loss suffered by a spouse who is improperly denied or improperly directed to pay alimony pendente lite or counsel fees can be assuaged by a trial court’s adjustments in a final settlement, is founded on two faulty premises. First, the majority presumes that a spouse improperly denied such relief will be *99legally entitled to alimony under § 501 of the Divorce Code. Second, it is presumed that sufficient marital property will exist from which a spouse who is denied or directed to pay alimony pendente lite or counsel fees may recoup the loss. These court-created presumptions are contrary to the economic realities of most divorces. Furthermore, the divergent purposes behind alimony pendente lite, alimony, and equitable distribution are ignored.
The purpose of alimony pendente lite is to enable the recipient to maintain or defend a divorce action. Unlike alimony pendente lite, however, permanent alimony may be awarded only under limited circumstances. A court may allow alimony only where it finds that the party seeking alimony lacks sufficient property to provide for his reasonable needs and is unable to support himself through appropriate employment. 23 P.S. § 501(a). Indeed, even non-economic factors, such as the duration of the marriage and marital misconduct, may affect a court’s determination of whether alimony is necessary. 23 P.S. § 501(b). It is obvious that a spouse may be entitled to alimony pendente lite, but not to alimony. Contrary to the majority’s presupposition, a spouse who has been denied alimony pendente lite may not be able to recover that loss through an award of alimony.
Nor can the majority’s assumption that a spouse will be compensated through equitable distribution for any financial loss be substantiated. It is an unfortunate economic reality that not every couple who seeks a divorce has sufficient marital property from which the adjustments envisioned by the majority could be made.2 While the record in the instant case indicates there is sufficient mari*100tal property, the Court should not confine itself to the peculiar circumstances presented herein in view of the breadth of its holding.
The majority has not questioned the wisdom of the previous holding that orders relating to alimony pendente lite were appealable, but finds only that the reason for appealability no longer exists under the new Divorce Code. I believe that close scrutiny of the interplay of alimony pendente lite, alimony, and equitable distribution refutes this finding. The practical effect of the majority’s decision is that a spouse wrongfully denied alimony pendente lite will be unable to maintain or defend the divorce action. The purpose behind an award of alimony pendente lite or counsel fees will be thwarted. I would hold that such orders are appealable, because an irreparable loss of the claimed right may well result if review is delayed.
I fear that the majority’s holding may be predicated upon its expressed concern about delays. Although five years have passed since the Appellee initiated the divorce action in this case, it is not inevitable that “an unnecessary delay in the dissolution of divorce actions” will result from an appeal. [Majority at 98] Pursuant to Pa.R.C.P. 1920.52(c), the trial court “need not determine all claims at one time but may enter a decree adjudicating a specific claim or claims.” The trial court has the authority to bifurcate the claims; thus, a custody, child support, or divorce claim need not be delayed pending resolution of the collateral economic claims.
Nor is it true that an appeal from a trial court’s order relating to economic claims must delay the resolution of the remaining claims. While an appeal ordinarily divests a trial court of authority to proceed further, Rule 1701(c) of the Rules of Appellate Procedure specifically provides that where only a particular claim is involved, an appeal shall prevent the trial court from proceeding further with only such claim unless otherwise ordered. Clearly, Rule 1701(c) would encompass an appeal from an order awarding alimony pendente lite or counsel fees and would prevent any *101unnecessary delay. The policy of law abhorring piecemeal litigation is laudatory, but is not intended to sacrifice merited claims and should not now be so used.
Nor should this Court foreclose the appellate rights of every litigant based upon a perception that a particular individual’s motivation for taking an appeal may be to strategically delay the litigation. Such potential abuses of the judicial process should not dictate this Court’s determination of whether an order is appealable. Costs may be taxed against an appellant if an appeal is dismissed or an order affirmed, Pa.R.A.P. 2741-2743. If an appellate court determines that an appeal is frivolous, an attorney fee and damages may also be awarded. Pa.R.A.P. 2744. Precluding an appeal entirely is an excessive and over-inclusive penalty.
LARSEN, J., joins in this dissenting opinion.. The appealability of such orders under the new Divorce Code has not previously been addressed by this Court. I must question the wisdom of reaching out to address this question of first impression when the parties have not had the opportunity to brief or argue the issue.
. Although a spouse improperly ordered to pay alimony pendente lite will suffer a financial loss if the order is unappealable, a spouse who is to receive such an award would not sustain any loss if the order is appealable. Under Pa.R.A.P. 1731, an appeal from such an order shall operate as a supersedeas only upon a filing of appropriate security in the amount of 120% of the amount found due by the lower court. For alimony pendente lite, which is generally payable over a period of time, the amount which is deemed to be due under this rule is the aggregate amount payable within 18 months after entry of the order.