Pennsylvania Alimony Laws

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.

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 based on a finding of one party's need and the other party's ability to pay.

Pennsylvania Statutes Title 23 Pa.C.S.A Section 3701 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.

Note: 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.

Types of Alimony in Pennsylvania

Pennsylvania law has three types of alimony, based on the stage of the divorce process the parties are in.

Spousal support 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. § 4321) 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.

Alimony pendente lite is like spousal support. It begins with the divorce process and ends with the divorce decree. Pendente lite orders and spousal support orders can’t coexist. So, a spouse who needs pendente lite must request it when filing the divorce documents.

Alimony 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.

Factors in Awarding Alimony in Pennsylvania

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.

To determine the amount, duration, and nature of the alimony payments, judges consider:

• Each spouse's income and earning capacity

• The age and health of each spouse

• The length of the marriage

• Living expenses and financial needs

• Sources of income, including other awards or support

• Marital debt and liabilities

• Contributions to the marriage, including as a homemaker

• Inheritances, including expected inheritance

Marital misconduct, including financial waste and domestic violence, might be a factor in awarding alimony or spousal support.

Duration and Nature of Alimony

Pennsylvania courts have no specific formula for calculating the duration of alimony. Spousal support and pendente lite automatically end when the next stage of the divorce proceeding begins.

Post-divorce alimony must be "reasonable under the circumstances." There may be times when a spouse needs permanent alimony. In most cases, rehabilitative alimony, or support adequate to meet the supported spouse's needs while they become self-sufficient, is ordered.

Alimony terminates on the supported spouse's remarriage, cohabitation, death, or the date specified in the settlement agreement. Courts can alter alimony payments if the agreement contains a modification clause.

Related Resources for Alimony Laws

• Spousal Support (Alimony) Basics

• Guide to Spousal Support

• Alimony and Taxes

• Spousal Support (Alimony) Forms and Information by State

Get Legal Advice From a Pennsylvania Divorce Lawyer

If you need alimony to meet your reasonable needs after a divorce or want legal advice about Pennsylvania alimony laws, discuss your divorce case with a Pennsylvania divorce attorney.