Allegheny Pennsylvania Alimony Trust in Lieu of Alimony and all Claims

State:
Multi-State
County:
Allegheny
Control #:
US-02105BG
Format:
Word; 
Rich Text
Instant download

Description

This is an agreement in which Spouse A (the spouse who is ordered by the court to make alimony and/or child support payments to Spouse B) must put assets (the principal) in a trust, from which the payments are made to Spouse B.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Beginning Jan. 1, 2019, alimony or separate maintenance payments are not deductible from the income of the payer spouse, or includable in the income of the receiving spouse, if made under a divorce or separation agreement executed after Dec. 31, 2018.

The formula used in the state of Pennsylvania states that the receiving spouse must receive 40 percent of the difference between the spouses' net incomes on a monthly basis. If the couple has children, the formula is altered to 30 percent of the net income difference.

The first way to avoid paying alimony is to prove misconduct during your marriage or separation. The two major issues that most judges will consider during alimony trials are abuse and adultery. However, you will need more than simply your word to prove these accusations.

While there's no easy answer, a good rule of thumb is 1 year of alimony for every 3 years of marriage. If you've been married for 15 years, a good rule of thumb to think is about probably 5 years of alimony.

Permanent alimony is rarely awarded in Pennsylvania. Reimbursement Alimony: You supported your spouse through medical school. Now that he's earning good money, he says that he's met someone else. Reimbursement alimony is a form of alimony awarded to one spouse as payment for expenses paid on behalf of the other spouse.

No, there is no entitlement to alimony in Pennsylvania. Instead, it's purely discretionary with the court, and based on 17 factors listed in Section 3701 of the PA Divorce Code.

Spousal Support is paid to a spouse after separation but before a divorce is filed. Alimony Pendente Lite (APL) is paid to a spouse after a divorce is filed, but before the divorce is finalized. Alimony is paid to a spouse after the divorce is finalized.

Therefore, if your divorce is average, you can expect that APL will last for about two years. APL can be limited in certain circumstances. For example, in the case of a short-term marriage (about three years or less), the payor spouse can request that the court limit the duration of APL.

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Allegheny Pennsylvania Alimony Trust in Lieu of Alimony and all Claims