Spousal Support Conditions In Philadelphia
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FAQ
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.
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).
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.
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.
In Pennsylvania, it is possible to avoid alimony through negotiation of terms in the divorce settlement, proof of marital misconduct and establishing financial independence.
