Spousal Support in Pennsylvania: Mortgage Deviation
Mortgage deviation is part of a Spousal Support Calculation. It is the way Pennsylvania Divorce Code acknowledges that in divorce, one spouse typically stays in a marital home to which a mortgage is often attached.
It can create financial hardship for the remaining spouse to pay the entire monthly mortgage payment by himself or herself, particularly if that spouse does not have a fulltime job. This is where state law (moderated by county law) provides the opportunity for a court order requiring the absent spouse to contribute to mortgage payments until the divorce is final.
While many couples work this out between themselves, there are cases where the departing spouse feels they are no longer responsible for the mortgage or upkeep on a home where they don’t live anymore. The state thinks otherwise.
Pennsylvania Rule of Civil Procedure 1910.16-6 pertains to adjustments to the basic support awards set by the state, including spousal support/alimony pendente lite (support awarded for the period ending at the issuance date of the divorce decree). It also allows for allocation of additional expenses, such as mortgage payments or maintenance expenses for the joint marital property.
The asset of a marital home, and the distribution of same between divorcing parties, falls under the state’s Equitable Distribution rules. However, if a financial hardship is caused by one spouse maintaining the marital home until Equitable Distribution (or a signed Property Settlement Agreement between the spouses) is complete, mortgage deviation allows for monthly spousal support payments to be increased or decreased to help pay the mortgage. Thus, it is a temporary measure meant to level the financial playing field in divorce and to prevent the house from going into foreclosure.
Under sub-section (e) of Rule 1910.16-6, mortgage payments, real estate taxes, and homeowners’ insurance may need to be considered. Second mortgages, home equity loans and other obligations secured by the marital residence may be considered, but it is up to the court to decide or approve any adjustment here. The expenses to maintain the marital residence can be considered if the total expense exceeds 25% of the obligee’s (party receiving support ) or obligor’s (party paying support) income.
Obligors can receive the state’s mortgage deviation if they are living in the marital residence and are responsible for the payments. The basic support award is subtracted from the obligor’s net income first. If the mortgage payment is more than 25% of the remaining net income available to the obligor, the court may make a downward deviation in the basic support award.
The county of jurisdiction of the divorce often has its own emendations to the state law. For instance, in Bucks County, mortgage deviation is only granted if the parties have already agreed to sell the marital home and the house has been put on the market.
I can help you navigate the complexities of mortgage deviation, Spousal Support and Alimony Pendente Lite. Call my office for a free first consult at 215-345-5259.
Classification: Support or Spousal Support or Alimony/Support. May need to set up new classification.