{"id":375947,"date":"2018-05-29T13:01:36","date_gmt":"2018-05-29T18:01:36","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/pennsylvania-law\/pennsylvania-alimony-laws.html"},"modified":"2024-06-28T16:49:27","modified_gmt":"2024-06-28T21:49:27","slug":"pennsylvania-alimony-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/pennsylvania-law\/pennsylvania-alimony-laws.html","title":{"rendered":"Pennsylvania Alimony Laws"},"content":{"rendered":"\n
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Pennsylvania Alimony Laws<\/h1>\n
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\n By Susan Buckner, J.D.<\/a> | Legally reviewed by Susan Buckner, J.D.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Alimony and spousal support provide financial support to a lower-earning spouse after a divorce. They help the receiving spouse for a limited period of time until they can become self-supporting.<\/p>\r\n

In Pennsylvania, spousal support is temporary. A spouse must request an alimony award during the divorce. The lower-earning spouse is not entitled to alimony from their former spouse. A judge must issue a court order<\/a> based on a finding of one party’s need and the other party’s ability to pay.<\/p>\r\n

Pennsylvania Statutes Title 23 Pa.C.S.A Section 3701<\/a> allows family law judges to enter an alimony order after the divorce process ends. The couple must settle all other child custody issues, property division, and child support.<\/p>\r\n

Note:<\/b><\/i> State laws are subject to change through the passage of new legislation, court rulings (including federal decisions), ballot initiatives, and other means. FindLaw strives to provide the most current information available. You should consult an attorney or conduct your own legal research to verify the state law(s) before making any legal decisions.<\/i><\/p>\r\n

Types of Alimony in Pennsylvania<\/b><\/h2>\r\n

Pennsylvania law has three types of alimony, based on the stage of the divorce process the parties are in.<\/p>\r\n

Spousal support<\/b> is financial support paid to a spouse after the parties have separated but before one party files divorce papers. Pennsylvania law (23 Pa. C.S.A. \u00a7 4321<\/a>) requires spouses to support each other if they are financially able. If spouses are still legally married, a paying spouse still has financial obligations to the dependent spouse. The payor may use abuse or adultery as a defense against paying such support.<\/p>\r\n

Alimony pendente lite<\/b> is like spousal support. It begins with the divorce process and ends with the divorce decree. Pendente lite orders and spousal support orders can\u2019t coexist. So, a spouse who needs pendente lite must request it when filing the divorce documents.<\/p>\r\n

Alimony<\/b> means "post-divorce alimony." Once the divorce proceedings are final, the judge orders alimony if the recipient spouse has genuine financial need. Alimony is not guaranteed. Even if the recipient spouse received spousal support before the divorce, it does not mean they will receive alimony afterward.<\/p>\r\n

Factors in Awarding Alimony in Pennsylvania<\/b><\/h2>\r\n

Pennsylvania statutes list 17 factors for judges to use when evaluating a spouse’s need for alimony. Not all factors apply. Judges should consider all relevant factors to determine the spouse’s need and the other spouse’s ability to pay while maintaining a reasonable lifestyle.<\/p>\r\n

To determine the amount, duration, and nature of the alimony payments, judges consider:<\/p>\r\n