“Men aren’t able to retire and are going bankrupt making alimony payments.” – Ralph Norman
It should not come as a big surprise that many issues involved in divorce are linked to finances. Indeed, the spouses need to divide all the assets, including real estate, personal property, and all kinds of accounts, as well as possible debts. Besides that, they often have to decide and agree on issues like child support and/or spousal support, also known as alimony.
While financial support for children that need to live without one of the parents is quite understood, the support of an ex often raises a range of questions. Nevertheless, it is an absolutely common dispute in the divorce process that must be resolved.
What Is Alimony in Pennsylvania?
Just like in any other state, alimony in PA is the payment that one of the spouses should pay to another one after the divorce. It is normally awarded to a lower-earning party who requires some financial assistance. The reason for this payment is the need to support and maintain their decent living standards after the marriage is dissolved. The amount and duration of spousal support are normally determined by the judge based on accompanying circumstances in each specific case.
According to Pennsylvania divorce laws, alimony is not granted automatically to anyone. Instead, a spouse who needs financial support after the divorce must file a petition to the court with a request for it. In such a case, the court will investigate the family situation, considering 17 factors provided in the Pennsylvania Divorce Code, and make their judgment based on the corresponding findings. The mentioned factors touch upon the following issues:
- Marriage duration
- The spouse’s age and state (physical, mental, and emotional)
- The living standards in the marriage
- Both spouse’s earning capacity
- Current sources of income, including salaries, insurance, and medical, retirement, and/or other benefits
- The expected future earnings and probable inheritance
- Both spouses’ assets and liabilities
- Any property each of the spouses contributed to the marriage
- The extent of contribution each spouse has made to their marriage and family life
- Both spouses’ needs
- Whether the requesting spouse lacks sufficient property to meet these needs
- Conditions of the requesting spouse’s employment incapable of supporting them
- The extent of one spouse’s contribution to the other’s earning potential (including education or any training programs)
- Both spouses’ education, including the time and cost of any training that would be necessary for one of them to get employment
- Child custody and its effect on the financial status of both spouses
- Any possible marital misconduct of either party
- Tax consequences of the alimony (at the federal, state, and local level)
Types of Alimony in Pennsylvania
In the state of Pennsylvania, the requesting spouse may be awarded one of the three possible types of alimony. Here is some explanation of each of them:
- Spousal support: This type of alimony is granted to a spouse as temporary financial support before filing for divorce. It aims to help the lower-earning party to manage the living expenses after the couple has separated. The amount of spousal support is calculated based on Pennsylvania Guidelines, and the couple may also request a deviation from what has been determined the way they see fit.
- Alimony pendent lite: This payment is also temporary but is granted after filing for divorce and is paid while the case is ongoing. Considering the cost of divorce in PA, alimony pendent lite helps the lower-earning spouse to maintain sufficient living standards during the divorce process. However, it has some time limitations.
- Alimony: The so-called post-divorce alimony is awarded to one of the spouses after the marriage is dissolved, considering the receiving party’s needs and the paying party’s financial capacity. This type of spousal support is determined by the judge based on the 17 factors listed above.
The court defines if the requesting spouse is eligible for alimony, what should be the amount of the payment, and for how long it should be paid. In its turn, post-divorce alimony can also be divided into three types:
- Rehabilitative – temporary financial support paid during a certain period until the receiving spouse completes any training or other rehabilitative program that will help them to secure employment and become self-supporting.
- Permanent – lifelong payments provided to the receiving spouse till their death or until they remarry.
- Reimbursement – temporary financial support to cover the receiving party’s expenses on another spouse’s education or training, marital debt, or medical bills.
Duration of Alimony in Pennsylvania
There are no definite Pennsylvania alimony laws that determine some exact duration of financial support payments for the lower-earning spouse. Some courts may use an unspoken rule according to which, one year of alimony is granted for every three years in marriage. However, in most cases, both amounts and duration are decided according to the 17 mentioned factors and all the accompanying circumstances of each case. Still, a longer marriage may signify a longer period of financial support payments.
Modification of Alimony in Pennsylvania
Under the Pennsylvania alimony laws, the conditions of spousal support can be altered in case either spouse’s circumstances change. Examples of sufficient grounds for such a modification include the involuntarily lost employment by the paying party, promotion or significant salary raise of a receiving party or deteriorated health of either of them. However, it is only possible if such a modification is not forbidden by any specific order or agreement added to the divorce decree.
Thus, alimony can be reduced, increased, suspended, or terminated. For this, either spouse can file a motion in the court of common pleas clerk’s office in their respective county. Besides, the petitioner must prove that the modification is necessary due to the changed circumstances in the financial situation of one or both spouses. In case the proofs are sufficient, the judge will satisfy the motion starting from the day it was filed.
One more way to modify spousal support conditions is the ex-spouses’ mutual agreement. If they decide to modify the alimony themselves and agree on all the issues, they can draft a corresponding document, sign it, and submit it to the county court to approve it.
In any case, alimony determined and awarded by the court is paid until either of the ex-spouses dies or the receiving party remarries.
Alimony and Taxes in Pennsylvania
It should be taken into account that any alimony payments are interconnected with certain taxes. Each state has its laws concerning this issue. Moreover, the Federal laws have undergone some modifications a few years ago, which must also be considered. The formula for calculating alimony and the general approach has changed in PA as well. To get to know if alimony is taxable in your case and what it means for you, you can find all the necessary information online if you visit a resource like this one: https://onlinedivorceinpa.com/.
Summary
When the couple decides to divorce, not only does their marital statuses change, their financial situation becomes different since they need to transform from depending on two incomes to one. Besides, in many cases, they had only one income source, which is left to the full-employed spouse while another one is left with nothing. In such cases, financial spousal support, also known as alimony is granted by the court to maintain a decent standard of living of the lower-earning or non-working spouse.
The amount and duration of such payments are determined by the judge based on 17 factors listed in the Pennsylvania Divorce Code. Normally, the court considers both spouses’ incomes, earning capacity, education, contribution to the marriage and each other’s life, the requesting party’s need, and the paying party’s capabilities. Besides, it can be modified, suspended, or canceled later due to the changed circumstances of one or both spouses, in case either of them files a motion with a respective request.
To get to know if you are eligible for alimony in the state of Pennsylvania and what you can count on, seek consultation with a local divorce attorney who can explain all the intricacies of the issue and guide you through its twists and turns.