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.
(1) The relative earnings and earning capacities of the parties. (2) The ages and the physical, mental and emotional conditions of the parties. (3) The sources of income of both parties, including, but not limited to, medical, retirement, insurance or other benefits.
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.
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.
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.
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.