Alimony, Child Support, and Asset Division Explained in Pennsylvania

spousal support

Spousal support is available to a married spouse when the couple resides in separate homes and one spouse earns more than the other spouse. There are defenses against spousal support and it is important to have an attorney assist you in your claim for or against spousal support.

Alimony Pendente Lite

Pendente Lite alimony is a type of support that is limited in nature and paid to the lower earning spouse by the higher earning spouse according to a legal formula until the divorce is final. This support was enacted to equalize the income of the parties during the divorce process and allow each spouse to pay for the divorce process and expenses.

Alimony

In Pennsylvania, there is no set formula for determining post-divorce alimony. The decision whether or not to award alimony payments after divorce is at the sole discretion of the court. The court relies on the following 17 factors to determine whether to award post-divorce alimony.

The 17 factors of alimony

The relative income of both spouses.
The duration of the marriage.
The ages and physical, mental and emotional states of the two spouses.
The sources of income of both spouses. This includes medical, retirement, insurance or other benefits.
The expected future earnings and inheritances of both spouses.
The degree to which one spouse has contributed to the other spouse’s education, training, or increased earning potential.
The degree to which a spouse will be financially affected by their position as custodian of a minor child.
The standard of living of the spouses established during the marriage.
The relative education of the parties. This also considers the amount of time it would take for the spouse applying for alimony to gain the education or training necessary to find employment.
The relative assets and liabilities of the two spouses.
The property that each spouse brought to the marriage.
The title that a spouse contributed as a housewife.
The relative needs of the two spouses.
The marital misconduct of either spouse during the marriage.
The federal, state and local tax consequences of alimony.
If the spouse applying for alimony lacks sufficient assets to meet their reasonable needs.
If the spouse applying for alimony is unable to support himself through suitable employment.

[1] Title 7, Pennsylvania Code, §6102.

Property Division

In Pennsylvania, “marital property” means all property acquired by either party during the marriage and the increase in value of any non-marital property acquired. However, community property does not include:

Veterans’ benefits exempt from liens, liens, or seizures pursuant to the law of September 2, 1958 (Public Law 85-857, 72 Stat. 1229), as amended, except those benefits received by a veteran where the veteran has waived a portion of your military retirement pay to receive veterans’ compensation.
Property to the extent that the property was mortgaged or encumbered in good faith for its value before the date of final separation.
Any payment received as a result of an award or settlement for any cause of action or claim that accrued before the marriage or after the date of final separation, regardless of when the payment was received.
Property acquired before the marriage or property acquired in exchange for property acquired before the marriage.
Property excluded by valid agreement of the parties entered into before, during or after the marriage.
Assets acquired by donation, except between spouses, legacy, currency or descendants or assets acquired in exchange for such assets.
Property acquired after the final separation up to the date of divorce, except property acquired in exchange for marital property.
Assets that a party has sold, granted, transferred or otherwise disposed of in good faith and for a value prior to the date of final separation.

Pennsylvania provides that the increase in value of any non-marital property acquired pursuant to subsection shall be measured from the date of the marriage or subsequent acquisition date to the date of final separation or the date nearest possible to the hearing on the equitable distribution. the date that results in a smaller increase.