Spousal Support Conditions In Pennsylvania
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In Pennsylvania, it is possible to avoid alimony through negotiation of terms in the divorce settlement, proof of marital misconduct and establishing financial independence.
Courts only award post-divorce alimony if necessary, i.e., the recipient spouse cannot financially support themselves. Alimony is referred to as a “secondary remedy” by the court, in that it is not automatic in every divorce.
If spouses come to a settlement regarding how long the alimony payments will last and how much they will be, the court may not terminate or modify the terms without both spouses' express consent. In most cases, the court will grant alimony to last until the supported spouse becomes self-sufficient.
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 determination of spousal support is made by taking the difference in the net incomes of the parties, and multiplying that figure by a certain percentage (40% in cases where there is no concurrent child support, and 30% where there is child support in place).
In Pennsylvania, it is possible to avoid alimony through negotiation of terms in the divorce settlement, proof of marital misconduct and establishing financial independence.
Pennsylvania courts will only award post-divorce alimony if the receiving spouse is financially disadvantaged and the paying spouse has the ability to make payments. This arrangement can be changed if either spouse's circumstances change.
