Is there Alimony in Pennsylvania? YES!

Alimony, once considered an exclusively female benefit of divorce, is a legal right protected by the Pennsylvania Divorce Code. Because the word conjures up images of divorce half a century ago, some spouses (or soon to be ex-spouses) assume the practice, like our culture, has changed or been outgrown. Not so, at least in Pennsylvania.

Alimony is one spouse’s Court-ordered provision for the other spouse after separation or divorce. The word literally comes from the Latin alere, meaning to nourish. Traditionally it was the husband’s job to take care of his wife’s nourishment, and women raising children needed alimony payments to live on after a divorce or separation. Alimony comes from a time in our culture when women typically did not have a job. Social change has not altered the need for Alimony; rather it has forced Alimony calculations to be based more on income than gender.

There are 17 factors to be considered in Pennsylvania to determine Alimony – all of them blind to gender. Since Pennsylvania does not have legal separation, Alimony only applies to divorced couples. There are three Court Orders that provide support for the soon-to-be or ex-spouse: Spousal Support, Alimony Pendente lite, and Alimony.

Spousal Support and Alimony Pendente lite apply to the period after separation, but before a divorce is finalized. The third is an Order of Alimony, in which the judge, after studying the financial information, factors and wishes of the parties, has total discretion to grant support for a period of time after the divorce. There is no one length of time or amount Alimony can be. However, there is a general rule of thumb – not the law – that says for every three years of marriage a person receives one year of Alimony. Keep in mind, that the Court is not required to follow this guideline. Support for Children is calculated separately from Alimony.

Here are the 17 Factors that influence the awarding of Alimony in Pennsylvania:

1. The relative earnings of both spouses.
2. The duration of the marriage.
3. The ages and physical, mental and emotional states of the two spouses.
4. The sources of income of both spouses. This includes medical, retirement, insurance or other benefits.
5. The expected future earnings and inheritances of the two spouses.
6. The degree to which one spouse has contributed to the other spouse’s education, training or increased earning potential.
7. The degree to which a spouse will be financially affected by their position as the custodian of a minor child.
8. The standard of living of the spouses established during the marriage.
9. The relative education of the parties. This also considers the amount of time it would take for the spouse seeking alimony to acquire the education or training necessary to find employment.
10. The relative assets and liabilities of the two spouses.
11. The property each spouse brought to the marriage.
12. The degree a spouse contributed as a homemaker.
13. The relative needs of the two spouses.
14. The marital misconduct of either of the spouses during the marriage. “Abuse” is in this context shall have the meaning given to it under Section 6102.
15. The federal, state and local tax consequences of the alimony.
16. Whether the spouse seeking alimony lacks sufficient property, including items in Chapter 35 relating to property rights, to provide for their reasonable needs.
17. Whether the spouse seeking alimony is incapable of supporting themselves through appropriate employment.

As you can see, a Pennsylvania Judge has to consider many, many factors, but in the end, Alimony is a discretionary call reserved to the bench. This is why I often counsel clients to pursue mediation or collaborative law divorce to keep the ultimate determination of Alimony – in any of its forms – in their own hands. A couple can agree on an Alimony amount that is more or less than what the factors of law require, or what a Judge might award.

The basic premise – that a lesser-earning spouse deserves financial support after divorce – has not changed over time. But the law has kept up with the changing economics of two-career couples. So, Alimony is indeed alive and well in Pennsylvania.