Divorce

In Pennsylvania, a judge may find that one spouse will have to pay money to the other after a divorce, which is referred to as alimony. Generally, the judge will determine if alimony should be paid, and how much, based on whether it is reasonable and necessary.¹

The judge will consider a series of factors in considering whether alimony is necessary and the nature, amount, duration and manner in which it should be paid. These factors can include:

• The relative earnings and earning capacity of you and your spouse;
• The age and physical, mental and emotional conditions of you and your spouse;
• The source of income for you and your spouse (including medical, retirement, insurance and other benefits);
• Any inheritance or other form of money you and your spouse expect to receive;
• How long the marriage lasted;
• The contribution you or your spouse made to each other’s education, training or “increased earning power;”
• How the earning power, expenses or financial obligations of you or your spouse will be affected by having custody of a minor child;
• The standard of living established during the marriage;
• The relative education of you and your spouse and the time it may take the spouse seeking alimony to get education or training to find employment;
• The assets and liabilities of you and your spouse;
• The property brought to the marriage by you and your spouse;
• Contributions that you or your spouse made as a homemaker;
• The relative needs of you or your spouse;
• The “marital misconduct” of you or your spouse before the final separation date;
• Abuse of one spouse to the other during the marriage, including after the final separation date;
• The tax ramifications that may come with awarding alimony;
• Whether you or your spouse, whomever is seeking the alimony, lacks enough property to pay for your “reasonable needs;” and
• Whether the party seeking alimony cannot self-support through employment.²

After weighing the various factors, the judge will determine how much alimony will be paid and for how long it will be paid, which may be for a set period of time, or indefinite.³ If circumstances change for either spouse, the judge might modify, suspend, reinstate or make a new order. However, if the spouse receiving alimony re-marries, the alimony payments will end.⁴

¹ 23 Pa. C.S.A. § 3701(a)
² 23 Pa. C.S.A. § 3701(b)
³ 23 Pa. C.S.A. § 3701(c)
⁴ 23 Pa. C.S.A. § 3701(e)