Alimony in Pennsylvania

What is Alimony in Pennsylvania

Alimony is the financial support one ex-spouse receives during a divorce in Pennsylvania. It is awarded based on the ex-spouse's financial needs. The role of alimony is to assist the receiving spouse in transitioning to a single or an income-earning life. Per Title 23, Chapter 37 of the Pennsylvania Consolidated Statutes, the court may award alimony to either spouse if divorce has been filed. There are three categories of alimony in Pennsylvania.

Spousal Support - Spousal support is the interim financial support given to a spouse after separation but before filing for divorce
Alimony Pendente Lite - Alimony Pendente lite is a temporary form of support awarded while a divorce is pending. This alimony payment allows a spouse to maintain their livelihood during divorce proceedings
Alimony - Alimony is money paid to a former spouse after finalizing the divorce

Alimony is also intended to prevent a circumstance in which a spouse faces unjust economic consequences due to their divorce because they did not earn an income or earned significantly less than their spouse during the marriage. Pennsylvania courts have the sole right to determine the terms of alimony payments.

Pennsylvania Alimony Law

Per Pennsylvania law, after entering a divorce decree, the court may award alimony to either spouse if the court determines that such support is required. In an alimony award, several factors are considered by the court. These factors include:

Each spouse's income and earning capabilities
Each spouse's age
The mental, physical, and emotional capacity of each spouse
The duration of the marriage
Each spouse's relative contribution to the development, earning capacity, training, and education of the other spouse
The impact of child custody on each spouse's expenses, financial obligations, and earning potential
The couple's standard of living during the marriage
The dependent spouse's level of education and the time required to get adequate education or training needed to find suitable work
Each spouse's separate assets and liabilities
The needs of each spouse
The marital conduct of each spouse in the marriage
The tax implications of the alimony award
The possible disability of either spouse

When a court issues an order regarding the payment of alimony, it must state the length of time alimony is paid. It is also mandatory for the order awarding alimony to note the reason for the award or denial. According to Title 23, Chapter 37 of the Pennsylvania Consolidated Statutes, a court order for an alimony award is subject to change if either spouse's circumstance changes significantly. This change could lead to modification, suspension, cancellation, reinstitution, or issuance of a new court order. Some circumstances that may lead to the review of an alimony award include:

The alimony-paying spouse losing their source of income or taking a pay cut due to uncontrollable circumstances, like lay-offs
Loss of home as a result of natural disaster
A disabling injury or a debilitating illness

Pennsylvania permits divorcing spouses to mutually agree on alimony terms and present the agreement to the court. The court will then adopt these terms and issue an order.

How Does Alimony Work in Pennsylvania?

In Pennsylvania, either spouse may request alimony during a separation, divorce proceeding, or after a divorce is finalized. Generally, an alimony award is treated separately from divorce proceedings and may be agreed upon by both parties or awarded by the court. In Pennsylvania, a dependent spouse may petition the court to receive reasonable alimony pendente lite, spousal support, and counsel fees and expenses. Similarly, the court may also mandate that health insurance and coverage be maintained for the dependent spouse during the divorce proceedings. However, the court must issue an order before alimony payment may commence. When a court awards alimony, it determines the requestor's eligibility, the financial situation of each spouse, the amount of alimony to be paid, and the length of time that alimony is to be paid.

A spouse convicted of causing physical injury to the other spouse is not eligible for spousal support or alimony pendente lite. The injured spouse may recover any payment made to the dependent spouse by petitioning the court.

The spouse paying alimony must make all alimony payments to the domestic relations department of the court that issued the order or the court where the receiving spouse resides. The domestic relations department must also retain correct records of all payments and notify the court immediately if a payment is 30 days late. The department must disburse all alimony payments to the appropriate recipients as soon as feasibly possible once the payment is received.

If a party is behind on alimony, the court may do the following to get the defaulter to pay the arrears:

Conduct a hearing between both parties and enter a judgment mandating that the arrears are paid
Authorize the taking and seizure of the party's assets, as well as the collection of the party's real estate rents and profits
Withhold no more than 50% of the party's earnings
Charge interest on late payments
Require collateral to guarantee future payments
Order the arrest and possible incarceration of the defaulting party

How Long Does Alimony Last in Pennsylvania?

How long alimony lasts depends on the type of alimony paid. For instance, in the case of spousal support, payment will only last from the time the couple gets separated until the couple files for a divorce. Similarly, in the case of alimony pendente, this type of alimony only lasts for the duration of the divorce proceedings. Per 231 Pa. Code Rule 1910.16-1, an order for spousal support and alimony pendente lite cannot be in force at the same time. In Pennsylvania, the spouse paying alimony may request to have the order reviewed after 4 years. This review will be used to determine if there has been a significant change in the situation of either the paying or the receiving spouse.

On the other hand, in the case of alimony support paid after the divorce is finalized, the court determines the duration of alimony payments. In determining the length of time alimony is to be paid, the court considers several factors, such as the duration of the marriage and the impact of child custody. However, in the case of a marriage with an incapacitated child, the alimony payment will continue until such disability is taken care of. Similarly, if the spouse receiving alimony payments is physically or mentally incapacitated, the payment will continue for the duration of such incapacitation.

How Much is Alimony in Pennsylvania?

Pennsylvania considers support for a spouse or child a priority responsibility. Therefore, a party is expected to pay their alimony or support obligations by reducing other expenses. Alimony is typically calculated on a case-by-case basis by the family court judge assigned to the case.

The basic alimony, spousal support, or alimony pendente lite obligation is often calculated using the parties' average monthly net incomes. Monthly net income is calculated by adding up an individual's income for 6 months and then dividing the total by 6.

Per Chapter 23 Section 4302 of the Pennsylvania Consolidated Status, income refers to all money received by an individual from any source, including but not limited to:

Salaries, bonuses, and commissions
Income from business dealings
Income from property deals
Dividends and royalties
Rental income
Pensions
Social security or disability insurance
Lottery winnings
Tax refunds

If a party paying alimony is a foster parent or receives payments from a public or private agency to care for a child. Such payments must be excluded from the party's monthly net income when the calculation is done.

How is Alimony Calculated in Pennsylvania?

To calculate net income for both the paying spouse and receiving spouse

Calculating Net Income = Total gross income - deductions

To calculate paying spouse net income for spousal support or alimony pendente lite

Net Income available for spousal support = Paying spouse's net income - Paying spouse's child support or alimony obligations to children or former spouses who are not part of this action

To calculate the paying spouse net income percentage for spousal support

Net income percentage for spousal support = Net income available for spousal support * 33% (for a paying spouse without dependent children).

Net income percentage for spousal support = Net income available for spousal support * 25% (for a paying spouse with dependent children).

To calculate the Paying spouse's proportionate share of spousal support or alimony.

Paying spouse's proportionate share of spousal support or alimony = Net income available for spousal support - Net income percentage for spousal support.

To calculate receiving spouse's net income percentage for spousal support.

Receiving spouse's net income percentage for spousal support = Net income available for spousal support * 40% (for a receiving spouse without dependent children).

Receiving spouse's net income percentage for spousal support = Net income available for spousal support * 30% (for a receiving spouse with dependent children).

To calculate the receiving spouse's proportionate share of spousal support or alimony.

Receiving spouse's proportionate share of spousal support or alimony = Net income available for spousal support - Net income percentage for spousal support.

To Calculate the Preliminary Monthly Spousal Support.

Preliminary Monthly Spousal Support = Paying spouse's proportionate share of spousal support - Receiving spouse's proportionate share of spousal support

Note that if the result is less than zero, it is assumed to be zero.

To Calculate the Total Monthly Spousal Support or Alimony Pendente Lite

Total monthly spousal support or alimony pendente lite = The preliminary monthly spousal support - additional expenses

How to Avoid Paying Alimony in Pennsylvania

There are serious consequences if an individual fails to pay alimony. These range from criminal charges to seizure of assets. There are several legal ways to avoid paying alimony in Pennsylvania. Some of these are:

Enter into a prenuptial agreement before marriage
Provide evidence of spousal infidelity during the marriage.
Prove that the spouse is gainfully employed and does not need alimony
Get the court to have the spouses' employability and fitness to work evaluated
Prove that the spouse is cohabiting with a person of the opposite sex
Provide evidence of inability to pay said alimony