Guidelines on Eligibility for Alimony in Pennsylvania
October 24, 2024


Pennsylvania alimony can be more stressful, emotional, and difficult for separating couples to overcome than any other issue regarding money and divorce. When it comes to alimony in PA, discussions can quickly shift from agreement and understanding to dissatisfaction and disappointment.

After receiving many inquiries about alimony from current and potential clients, we felt compelled to explain how a spouse’s right to alimony in Pennsylvania works. Learn more about alimony and where to find an alimony attorney in Pennsylvania.

What Is Alimony in PA?

Alimony is a legal obligation for one spouse to provide financial assistance to the other after divorce. It is designed to address disparities in earning capacity and ensure that both spouses can maintain a reasonable standard of living post-divorce. Alimony aims to support the spouse who may have sacrificed career opportunities or financial independence for the sake of the marriage or family.

The amount and duration of alimony payments vary depending on factors such as the length of the marriage, each spouse’s financial situation, contributions to the marriage, and any agreements reached between the parties. Alimony can take different forms, from ongoing periodic payments to lump-sum settlements. Ultimately, alimony seeks to promote fairness and financial stability as spouses navigate the challenges of divorce and transition into new chapters of their lives.

While the divorce is pending, the lesser earning spouse may be entitled to spousal support, which is intended to assist them in maintaining their standard of living and providing them with funds to litigate the divorce. Spousal support ends upon finalization of the divorce, so it is important to have alimony in place for continued support after the divorce is complete. Financial support while the divorce is pending is discussed in more detail below.

What Stops Alimony in PA?

In Pennsylvania, several circumstances can lead to the termination of alimony payments. Here are the common factors that can stop alimony payments:

  • Remarriage: Alimony typically terminates if the supported spouse remarries. This is because the assumption is that the new spouse will provide financial support.
  • Cohabitation: If the supported spouse enters into a cohabitating relationship akin to marriage, alimony may cease. The courts may consider factors such as shared living expenses and financial interdependence.
  • Death of Either Spouse: Alimony obligations end upon the death of either the paying spouse or the supported spouse.
  • Change in Financial Circumstances: If either spouse experiences a significant change in financial circumstances, such as a substantial increase or decrease in income or assets, the court may modify or terminate alimony accordingly. In order for alimony to be modified or terminate, the Court Order or Settlement Agreement setting the alimony must allow for modification or termination of the alimony amount and/or length.
  • Fixed Duration: In some cases, alimony may be awarded for a specific duration, after which it automatically terminates. This is common with rehabilitative or transitional alimony, where the purpose is to support the recipient spouse for a limited period while they become self-sufficient.

Is Alimony for Life in PA?

In Pennsylvania, the duration of alimony payments is not necessarily for life, contrary to popular belief. While some may assume that alimony means indefinite financial support, the reality is more nuanced. In fact, alimony for life is uncommon in Pennsylvania.

Pennsylvania courts consider various factors when determining the length and amount of alimony payments, including:

  • The length of the marriage
  • Each spouse’s financial situation
  • Contributions to the marriage
  • Potential for self-sufficiency
  • Disability

While alimony can indeed be awarded for an extended period, it is often subject to review and modification based on changing circumstances. Factors such as remarriage or significant changes in either spouse’s financial situation can lead to the termination or adjustment of alimony payments if permitted by the Court Order or Agreement setting the alimony.

Additionally, some forms of alimony, such as rehabilitative or transitional alimony, are specifically designed to support a spouse for a limited time while they gain the skills or resources needed to become self-supporting. Therefore, while alimony may provide essential financial assistance after divorce, it’s not necessarily a lifelong obligation and can evolve over time to reflect both parties’ changing needs and circumstances.

In Pennsylvania, What Is the Difference Between Alimony and Spousal Support?

Alimony is support that is paid following the entry of a divorce decree. Aside from alimony, there is also:

Spousal Support

This is temporary financial support paid to a spouse after separation but before the divorce is finalized. Spousal support is calculated by the courts using the Pennsylvania Guidelines for Spousal Support. If the court awards spousal support based on the Guidelines, a spouse may request a variation by demonstrating a greater financial need than the Guidelines allow.

Alimony Pendente Lite

Like spousal support, Alimony Pendente Lite (APL) is intended to be temporary. It is granted while a divorce is pending and is available to a spouse who financially qualifies for spousal support, but who is not entitled to spousal support for another reason.

A lower earning spouse may not be entitled to spousal support if the court determines that this spouse was at fault for the separation (for example, if the spouse committed adultery or abandonment). This type of support can help place both spouses on more equal footing while the divorce is litigated in order to afford the divorce costs. There are various time constraints on how long APL can last, especially if the spouse receiving APL is determined to be intentionally prolonging the divorce.

What are the Types of Alimony in PA?

In Pennsylvania, alimony, also known as spousal support, can take various forms depending on the circumstances of the divorcing couple. Here are the types of alimony recognized in Pennsylvania:

  • Periodic Alimony: This type of alimony involves ongoing payments made from one spouse to another following the divorce, typically when there is a significant income disparity or when one spouse has sacrificed career opportunities for the marriage.
  • Rehabilitative Alimony: Sometimes, a spouse may need financial support for a limited period to obtain education or training to become self-supporting. Rehabilitative alimony aims to assist with this transition back into the workforce.
  • Reimbursement Alimony: This form of alimony may be awarded when one spouse has supported the other through education or career development, with the expectation of future financial gain. It reimburses the supporting spouse for the investment made during the marriage.
  • Transitional Alimony: Similar to rehabilitative alimony, transitional alimony provides financial assistance for a defined period to help a spouse adjust to the post-divorce financial circumstances. This could include covering expenses such as housing or reestablishing a household.

It is not necessary to give the type of alimony a title when alimony is ordered or agreed-upon.

What are the 17 factors for Alimony in Pennsylvania?

The 17 alimony criteria evaluated by Pennsylvania courts are listed below (from Section 3701 of the PA Divorce Code). During divorce litigation, these are thoroughly examined to establish the most equitable alimony settlement feasible.

  • Both spouses’ wages.
  • The length of the marriage.
  • The ages of the spouses and their physical, mental, and emotional situations.
  • Both couples’ sources of income, including medical, retirement, insurance, and other benefits.
  • Estimated future earnings and inheritances.
  • The extent to which one spouse has contributed to the education, training, or increased earning potential of the other spouse.
  • The extent to which a spouse’s financial situation will be influenced by their role as a minor child’s primary caregiver.
  • The spouses’ standard of living, as established during the marriage.
  • The parties’ relative levels of education. This also considers the time it would take for the alimony-seeking spouse to obtain education or training to find work.
  • The assets and liabilities of both spouses in relation to one another.
  • The assets that each partner contributed to the marriage.
  • The role of each spouse in caring for the home and the children during the marriage, particularly if one spouse worked outside of the home and the other did not.
  • The spouses’ respective needs.
  • Whether either of the partners engaged in marital misconduct during the marriage. In this context, “abuse” is defined in Section 6102.
  • Alimony’s federal, state, and local tax implications.
  • Whether the alimony-seeking spouse has enough property to meet their reasonable demands, including things from Chapter 35 relating to property rights.
  • Whether the alimony-seeking spouse is unable to support themselves through suitable employment.

Neither the courtroom nor the mediation process considers gender. Alimony in PA is only focused on either spouse’s genuine financial needs. According to a new survey by Pew Research Social and Demographic Trends, the number of fathers who stay at home to raise their children has climbed dramatically, particularly among those in their 40s.

How to Avoid Alimony in Pennsylvania?

Avoiding alimony in Pennsylvania is not as simple as some might hope, as it is ultimately determined by the court based on various factors and circumstances. However, there are some strategies individuals may consider to potentially mitigate or avoid alimony obligations:

  • Prenuptial Agreement: Before getting married, couples can create a prenuptial agreement outlining the terms of alimony in divorce. A well-drafted prenup can specify whether alimony will be awarded and under what conditions, providing clarity and potentially minimizing disputes during divorce proceedings.
  • Fair Division of Assets: During divorce negotiations, prioritizing a fair and equitable division of assets can help reduce the need for ongoing alimony payments. Ensuring that both spouses receive a fair share of marital property may result in less reliance on alimony to maintain financial stability post-divorce.
  • Mediation or Collaborative Divorce: Opting for mediation or collaborative divorce instead of litigation can allow couples to work together to find mutually acceptable solutions, including financial arrangements that minimize the need for alimony. These alternative dispute resolution methods often prioritize cooperation and compromise, which can lead to more tailored and satisfactory outcomes for both parties.
  • Self-Sufficiency: Encouraging both spouses to pursue education, training, or career opportunities during the marriage can promote financial independence and reduce the likelihood of alimony being awarded in the event of divorce. Supporting each other’s professional development can create a more balanced dynamic and mitigate potential financial disparities.
  • Consultation with Legal Professionals: Seeking advice from experienced family law attorneys can provide valuable insight into the specific factors that influence alimony decisions in Pennsylvania. Legal professionals can assess individual circumstances, provide guidance on potential strategies, and advocate for fair and favorable outcomes during divorce proceedings.

While there’s no guaranteed way to completely avoid alimony in Pennsylvania, careful planning, communication, and consideration of legal options can help individuals navigate divorce proceedings and achieve outcomes that align with their financial goals and priorities.

In Pennsylvania, Are You Eligible For Alimony?

In Pennsylvania, there is no automatic legal right to alimony. Instead, the court must decide eligibility based on 17 considerations specified in Section 3701 of the Pennsylvania Divorce Code. If a spouse wants alimony, they must ask for it in court or negotiate it with their spouse through settlement or mediation, which is always suggested prior to litigation in Court. They may also consult with a family law firm in Pennsylvania for further details.

Are you looking for an alimony attorney in Pennsylvania? Daley Zucker has skilled attorneys in Harrisburg, Pennsylvania that specialize in family law, estate planning, and other areas of law. Please get in touch with us right away!



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