Spousal Support For In Pennsylvania
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If you have no children, you may receive 40 percent of the difference between your income and your spouse's higher income. If you have dependent children, you must subtract child support from the difference. You will receive 30 percent of the difference between your income and your spouse's income minus child support.
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).
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.
In Pennsylvania, it is possible to avoid alimony through negotiation of terms in the divorce settlement, proof of marital misconduct and establishing financial independence.
Calculating Spousal Support 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).
Spousal support is calculated ing to a formula specified in Rule 1910.16-4 of the Pennsylvania code. The formula for spousal support in PA is determined by subtracting 40 percent of the lower-earning spouse's monthly after-tax net income from 33 percent of the higher-earning spouse's monthly after-tax net income.
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.
