In Pennsylvania, it is possible to avoid alimony through negotiation of terms in the divorce settlement, proof of marital misconduct and establishing financial independence.
Prove your spouse is cohabiting with someone else: If you can prove that your spouse is living with someone else, you may be able to get out of paying spousal support altogether. Likewise, if you can show that your spouse can earn a reasonable living, you may be able to have your alimony payments reduced or eliminated.
§ 3701 (2022).) Usually, a judge will award alimony when one spouse isn't able to support themselves through employment and the paying spouse is able to make the payments.
Yes. A spouse who's disability is permanent and makes them unable to get work that provides an adequate income for swlf-support may qualify for temporary or permanent alimony. Gender makes no difference.
The 17 Alimony Factors in Pennsylvania Relative earning capacity of each spouse. Age, physical and mental health of each spouse. Sources of income of each spouse. Inheritances of each spouse. Marriage length. Contribution to spouse's education. Children: whether earning capacity of the custodial parent is affected.
The short answer to your question is no, your ex-wife will not be entitled to any portion of your disability. SCOTUS cases Howell and Mansell govern. Your disability cannot be divided (similar to how a military retirement can be divided) - not even by agreement, although you should never agree to do so.
Yes, a disabled person may be eligible to receive spousal benefits based on their ex-spouse's Social Security record, even if they are also receiving Social Security Disability Insurance (SSDI). Here are the key points to consider:
Alimony is usually around 40% of the paying party's income. This number is different in different states and different situations. The court also looks at how much the other party makes or could make and how much they need to maintain their standard of living.
The online request for support services can be used for new Complaints for Child Support, Spousal Support and/or Alimony Pendente Lite (APL), Petitions for Modification, Petitions for Recovery of Overpayment and Withdrawals of Complaint.