Our family attorneys are well-versed in Pennsylvania’s laws regarding financial support received by or paid to and for the benefit of a spouse, or ex-spouse.
Alimony
When people think of payments made to an ex-spouse, they typically think of alimony. Alimony, if appropriate, is awarded by the court or negotiated as part of a settlement between the parties. Alimony is paid after the divorce is final.
When determining whether an alimony award is appropriate, the court will consider the following factors:
- The relative earnings and earning capacities of the parties.
- The ages and the physical, mental and emotional conditions of the parties.
- The sources of income of both parties, including, but not limited to, medical, retirement, insurance or other benefits.
- The expectancies and inheritances of the parties.
- The duration of the marriage.
- The contribution by one party to the education, training or increased earning power of the other party.
- The extent to which the earning power, expenses or financial obligations of a party will be affected by reason of serving as the custodian of a minor child.
- The standard of living of the parties established during the marriage.
- The relative education of the parties and the time necessary to acquire sufficient education or training to enable the party seeking alimony to find appropriate employment.
- The relative assets and liabilities of the parties.
- The property brought to the marriage by either party.
- The contribution of a spouse as homemaker.
- The relative needs of the parties.
- The marital misconduct of either of the parties during the marriage. The marital misconduct of either of the parties from the date of final separation shall not be considered by the court in its determinations relative to alimony, except that the court shall consider the abuse of one party by the other party. As used in this paragraph, “abuse” shall have the meaning given to it under section 6102 (relating to definitions).
- The Federal, State and local tax ramifications of the alimony award.
- Whether the party seeking alimony lacks sufficient property, including, but not limited to, property distributed under Chapter 35 (relating to property rights), to provide for the party’s reasonable needs.
- Whether the party seeking alimony is incapable of self-support through appropriate employment.
When alimony is awarded, it may be for a definite or indefinite period of time, depending upon the Court’s determination of what is reasonable in your situation.
Alimony may also be modified, terminated, or suspended in certain circumstances, so it is important to understand how future decisions (such as remarriage or cohabitation) could impact your alimony award.
Each alimony case is different, so it is important that you work with your attorney to analyze how the above factors apply to your circumstances. Strong advocacy in presenting your case to the court is important.
Alimony Pendente Lite, Counsel Fees & Expenses
Alimony pendente lite is a payment from one spouse to the other while the divorce action is pending. The purpose of alimony pendente lite is to financially equalize the ability of the parties to pursue the divorce action.
In contrast to spousal support, there are no defenses to an alimony pendente lite claim. The award is based solely upon economic considerations.
In addition to direct financial support, the Court may, in appropriate circumstances, also award the payment of counsel fees and other expenses while a divorce is pending.
Spousal Support
Spousal support, like alimony pendente lite, is also a type of payment from spouse to spouse. Spousal support is available during a separation or divorce and is a statutory calculation, based upon factors similar to those considered in calculating child support.
There are some defenses to the award of spousal support, including marital fault or post-separation cohabitation.
If you have any questions regarding financial support from or to a spouse or ex-spouse in the context of a divorce or separation, please contact one of our attorneys to schedule a consultation.