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Prove your spouse is cohabiting with someone else: If you can prove that your spouse is living with someone else, you may be able to get out of paying spousal support altogether. Likewise, if you can show that your spouse can earn a reasonable living, you may be able to have your alimony payments reduced or eliminated.
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.
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.
Alimony is ordered when one spouse cannot meet their own reasonable needs. Once a divorce decree is finalized and all property is equitably distributed, financial support is known as alimony in Pennsylvania. The amount and duration of alimony are based on consideration of a wide variety of factors, including income.
Adultery and bad behavior One major factor that can prevent a spouse from receiving alimony is bad behavior, like infidelity. If a spouse cheats during the marriage, the court might deny alimony. Pennsylvania law looks at both spouses' behavior when deciding on alimony.
In Pennsylvania, there are a few scenarios in which alimony payments can be reduced or completely terminated. These include changes in the financial status of either party involved, the remarriage of the recipient spouse and when they choose to cohabit with another person who is not related by family ties. How to Avoid Alimony in Pennsylvania - Petrelli Previtera, LLC petrellilaw › avoid-alimony-in-pennsyl... petrellilaw › avoid-alimony-in-pennsyl...
Alimony payments can be ordered to start while the divorce is still pending in court, which is known as interim or temporary alimony,2 and for a period of time after the divorce is finalized. The court will determine how long you or the other party will receive alimony.