Understanding Alimony in Pennsylvania

Alimony, also referred to as spousal support or spousal maintenance, is handled differently in Pennsylvania than it is in other states. In Pennsylvania, the court may order one spouse to pay alimony to the other spouse, but only if the court deems that alimony payment necessary. There are four types of alimony in Pennsylvania:

1. Permanent
2. Rehabilitative
3. Limited duration
4. Reimbursement

Whether a court will determine if spousal maintenance is necessary depends on a number of factors. These factors include:

• Earning power of both spouses
• Age and physical, emotional, and mental condition of both spouses
• Sources of income for both spouses
• The duration of the marriage
• Contribution of one spouse to the education, training, or increased earning power of the other spouse
• The couple’s standard of living during the marriage
• The education level of both spouses and whether one spouse needs further training to become gainfully employed
• Liabilities and assets of both spouses
• Contributions of one spouse as a homemaker
• Any marital misconduct that took place during the marriage
• Tax ramifications of the alimony award

Permanent alimony in Pennsylvania 

Permanent alimony is rarely awarded in Pennsylvania. A spouse must prove that they have an ongoing medical problem that prevents them from working or supporting themselves. The spouse must also prove that the paying spouse has the ability to pay for the alimony award. In these cases, the court may award alimony on an indefinite basis. The court will also take into account the length of the marriage. Permanent alimony will last until the recipient spouse either dies or cohabitates with another individual in a romantic fashion.

Rehabilitative alimony in Pennsylvania 

Rehabilitative alimony is awarded when a spouse has a demonstrable need for further education or training in order to become self-sufficient. They may have sacrificed their schooling to dedicate their attention to the marriage or otherwise foregone work to make the home and care for the children. In these cases, the court recognizes that the recipient spouse may need time before they can reasonably be expected to support themselves. In these cases, rehabilitative alimony is awarded to the spouse. The spouse generally requires a plan to determine how the alimony will be used to further their education.

Limited duration alimony 

Limited duration alimony is the most common form of alimony awarded by the Pennsylvania courts. As the name suggests, it only lasts for a specific period of time. It is meant to help the recipient spouse transition into supporting themselves. It is generally calculated based on the length of the marriage and the standard of living enjoyed by both spouses during the marriage. In other words, it is meant to help maintain the spouse’s standard of living post-divorce.

Talk to a Philadelphia County Alimony Lawyer Today 

Have questions concerning alimony and your divorce case? Please don’t hesitate to call the Philadelphia family lawyers at The Law Offices of Lauren H. Kane today to learn more about how alimony works in Pennsylvania.