Can You Terminate Alimony In Bucks County?

Pennsylvania law does not automatically award alimony to either spouse. It must be negotiated during settlement or awarded by the court. Pennsylvania recognizes several different alimony categories, generally paid by the spouse with the higher income to the spouse with a lower income:

• Spousal Support – paid between separation and filing for divorce
• Alimony Pendente Lite – paid during the divorce proceedings
• Rehabilitative Alimony – intended to help the recipient receive education and training to be able to become self-supportive
• Reimbursement Alimony – paid to the spouse who significantly supported the other spouse’s educational or career goals during marriage, either financially or in other forms of support
• Permanent Alimony – usually awarded when the other spouse is unable to become financially independent due to health, age, or disability

PA Law considers 17 different factors to calculate appropriate alimony payments and their duration. If you choose mediation or collaborative law to settle your divorce out of court, you are not bound by those factors; however, they are an excellent guide for a fair alimony decision. At the Law Office & Mediation Services of Elissa C. Goldberg, LLC, we help guide our clients through the process of determining a fair arrangement that benefits both spouses and their children.

I have committed my law practice to mediation and collaborative law because I have seen the drawbacks of divorce litigation, including significant financial and emotional costs, damaged relationships and communication, and significant delays in completing the divorce process. The couple should determine appropriate alimony with a legal representative as a guide. With legal support and guidance, you can craft an agreement that could dramatically decrease the need for future modification. 

Modification and termination of alimony

Modification and termination of alimony can occur within the guidelines defined in your divorce agreement. If your agreement specifically states that alimony can never be modified, you may be stuck; however, reach out to us to discuss your case, since every situation is unique.

Without a stated prohibition of alteration of alimony in PA, most courts recognize that alimony may need to be adjusted if a significant change in income has taken place. Alimony may be temporarily decreased or suspended in case of job loss or disability of the payor, or it may be permanently terminated if the recipient’s income has significantly improved, such as in the case of a large inheritance or lottery win that would allow the recipient to become financially independent. 

Other reasons recognized for termination of alimony include the recipient’s remarriage or cohabitation with a romantic partner. If your ex has been awarded rehabilitative alimony but you suspect he or she is purposely extending the education period to extend alimony, this could also be a reason for termination, but you will need strong evidence. Both parties are expected to act in good faith and not engage in deceptive practices.

It is important to remember, however, that ALL alimony payments must continue on time until an action is taken in court. Do not assume you can stop paying alimony, even if your ex is suddenly living the high life while you’re still scrimping to save a few dollars.

Whether you are beginning your divorce process or you have an existing agreement that you would like modified, reach out to us at our Bucks County, PA office in Doylestown to schedule a complimentary conference to discuss your situation. Call us today at (215) 345-5259 or reach out to us on our Contact Us page.