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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.
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).
Alimony may be terminated when the person receiving support remarries, enters into another relationship similar to a marriage or passes away. Courts may also review and modify an order if either person's financial circumstances change.
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.
§ 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.
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.
Pennsylvania judges have a lot of discretion when deciding how long an alimony award should last. The award can be for a definite or indefinite period of time—the main requirement is that it be "reasonable under the circumstances." (23 Pa.
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).
A parent, caretaker/custodian, spouse, or attorney may request support services (file a Complaint for Support) electronically through the Pennsylvania Child Support Website by selecting the "Request Support Services" button.