Alimony and Spousal Support: What to Expect

Are Alimony and Spousal Support Awarded in Pennsylvania Divorces?

Under the Pennsylvania Consolidated Statutes, Title 23, Chapter 37, Alimony and Support, the court may award alimony to either spouse in a divorce as it deems reasonable and if it finds it necessary. Three types of support are possible for spouses:

• Spousal support: Payments made by one spouse to the other after separation and before the divorce is finalized.
• Alimony Pendente Lite: A Latin term for “pending the litigation.” It means support payments made to a spouse after a divorce is filed but before it is finalized. 
• Alimony: Support payments made to one spouse by the other after the final divorce decree. 

What Factors Does the Court Consider in Awarding Alimony and Spousal Support?

The law requires family court judges to consider all relevant factors in determining whether alimony is necessary, how much should be awarded, and what the duration of the payments should be. Those factors include:

• Duration of the marriage
• Standard of living established during the marriage
• Age and physical, mental, and emotional health of each party
• Relative needs of the parties
• Property each party brought to the marriage
• Contributions to the marriage by either spouse as a homemaker
• Earnings and earning capacity of each party
• Income sources of each party, including medical, insurance, retirement and other benefits
• Separate assets and liabilities of each party
• Each party’s inheritances and expectancies
• Relative education of the parties
• Time needed for the party seeking alimony to acquire the necessary training or education to find appropriate employment
• The extent to which the expenses, financial obligations, and earning power of one party will be affected by having primary custody of a minor child
• Any marital misconduct of either party during the marriage
• Tax consequences of an alimony award
• Whether or not the property of the party seeking alimony is sufficient to provide for his or her reasonable needs
• Whether or not the party seeking alimony is capable of self-support through appropriate employment

How Are Alimony and Spousal Support Calculated?

When alimony or spousal support is awarded in a Pennsylvania divorce, the higher-earning spouse is the one who pays. The amount of support is calculated according to the Pennsylvania Code, Rule 1910.16-4. Support Guidelines. Calculation of Support Obligation, Formula. Using this formula, 40% of the lower-earning spouse’s monthly net income after taxes is subtracted from 33% of the higher-earning spouse’s monthly net income after taxes. For example, if the wife’s net income is $10,000 per month and the husband’s is $5,000, the wife pays the husband $1,300 per month. ($10,000 x 33% = $3,300. $5,000 x 40% = $2,000. $3,300 – $2,000 = $1,300.)

When dependent minor children are involved, the higher-earning spouse’s alimony obligation is reduced to 30%, as they are likely paying child support. A monthly mortgage payment on a family home may also affect alimony calculations. 

How Long Do Alimony Payments Continue?

There are no established limits on the duration of alimony under Pennsylvania law. When the court orders alimony, it determines the duration of payments. This may be for a definite or an indefinite period, as the court deems it reasonable under the circumstances. In the past, the rule of thumb was one year of alimony for every three years of marriage, but this gauge is no longer used. 

The courts consider all relevant factors in deciding how long alimony payments should continue. The duration should be for a reasonable period of time, and what is reasonable can depend on the circumstances. Alimony orders terminate if the party receiving payments remarries or cohabitates with a member of the opposite sex or if the party making payments dies. 

Can Alimony Court Orders Be Modified?

Family courts may modify alimony orders in permanent or long-term situations. Either party may seek modification, suspension, or termination of alimony, but that party must show that a significant change in circumstances has occurred. For example, a paying spouse who has lost his or her job may petition the court for modification or termination. A receiving spouse may petition the court to increase the amount of alimony if he or she can show that the income of the paying spouse has increased considerably. A paying spouse may petition the court for termination after discovering that the receiving spouse is cohabiting with someone else. 

Can an Alimony Agreement That Is Not Court-Ordered Be Modified?

When divorcing spouses agree on alimony and sign a marital settlement agreement out of court, a judge may not be able to intervene if modifications are needed later. Non-court-ordered agreements concerning property rights and alimony are not subject to modification by the court, pursuant to the Pennsylvania Divorce Code, § 3105(c). The exception to this rule is if the written agreement states specifically that, in the event of a conflict, the agreement between the parties may be modified by the court. In that case, the party seeking modification may file a petition with the court. However, if both parties agree to the changes, they may simply proceed as agreed. 

Do You Need an Attorney for Alimony and Spousal Support?

If you are planning to divorce and facing alimony and spousal support issues, your best chance of obtaining the most favorable outcome is to have an experienced Pennsylvania divorce lawyer by your side. At Peak Legal Group, we care about what matters to you. We take the time to get to know you and learn about your situation and concerns. Call us at (610) 989-7064 for high-quality representation in every aspect of divorce.