Alimony payments are financial payments to a spouse after a divorce. They are legally mandated. In Pennsylvania, you are not entitled to receive alimony. Alimony payments are completely discretionary with the court. If you are going through a divorce, here are some common questions you may have regarding alimony in Pennsylvania.
What Is Considered When Determining Alimony?
In Pennsylvania, there are 17 distinct factors considered by the courts when determining alimony payments. Found in Section 3701 of the Pennsylvania Divorce Code, they are as follows -
- The relative earnings of both spouses
- The duration of the marriage
- The ages and physical, mental, and emotion states of the two spouses
- The sources of income of both spouses, including benefits
- The expected future earnings of both spouses, including inheritance
- The degree to which one spouse has contributed to the other spouse's education, training, or increased earning potential
- The degree to which a spouse will be financially affected by their position as the custodian of a minor child
- The standard of living of the spouses established during the marriage
- The relative education of the parties
- The relative assets and liabilities of the two spouses
- The property each spouse brought to the marriage
- The degree a spouse contributed as a homemaker
- The relative needs of the two spouses
- The marital misconduct of either of the spouses during the marriage
- All tax consequences of the alimony
- Whether the spouse seeking alimony lacks sufficient property
- Whether the spouse seeking alimony can support themselves through employment.
Is There A Minimum Marriage Time To Receive Alimony?
The length of marriage is one of these factors mentioned above, but there is no minimum amount of time you must be married in order to apply for alimony. It is safe to say that the longer the marriage, the stronger the case of alimony.
What Is The Typical Alimony Payment?
The amount that you may receive, or be required to pay, will be based on the 17 distinct factors. Each case is discretionary and varies based on each circumstance. Additionally, there is no set length of time for which the alimony payments must be made.