Alimony, Support, and Division of Assets Explained in Pennsylvania
spousal support
Spousal support is available to a married spouse when the couple resides in separate households and one spouse earns more than the other spouse. There are defenses to spousal support and it is important to have an attorney help you with your claim for or against spousal support.
Alimony Pendente Lite
Alimony Pendente Lite is a type of maintenance that is limited in nature and paid to the lower-earning spouse by the higher-earning spouse according to a legal formula until the divorce is finalized. This support was enacted to equalize the income of the parties during the divorce process and allow each spouse to pay for the divorce process and expenses.
Alimony
In Pennsylvania, there is no set formula for determining post-divorce alimony. The decision to award or not award alimony payments after divorce is at the sole discretion of the court. The court relies on the following 17 factors to determine whether to award post-divorce alimony.
The 17 factors of alimony
The relative income of both spouses.
The duration of the marriage.
The ages and physical, mental and emotional states of the two spouses.
The sources of income of both spouses. This includes medical, retirement, insurance or other benefits.
The expected future earnings and inheritances of both spouses.
The degree to which one spouse has contributed to the education, training, or increased earning potential of the other spouse.
The degree to which a spouse will be financially affected by their position as custodian of a minor child.
The standard of living of the spouses established during the marriage.
The relative education of the parties. This also considers the amount of time it would take for the spouse requesting alimony to acquire the necessary education or training to find employment.
The relative assets and liabilities of the two spouses.
The property that each spouse brought into the marriage.
The title that a spouse contributed as a homemaker.
The relative needs of the two spouses.
Marital misconduct of either spouse during the marriage.
The federal, state, and local tax consequences of alimony.
If the spouse requesting alimony lacks sufficient assets to meet his or her reasonable needs.
If the spouse requesting alimony is unable to support himself through suitable employment.
[1] Title 7, Pennsylvania Code, §6102.
Property Division
In Pennsylvania, “marital property” means all property acquired by either party during the marriage and the increase in value of any non-marital property acquired. However, community property does not include:
Veterans benefits exempt from garnishment, levy, or seizure pursuant to the act of September 2, 1958 (Public Law 85-857, 72 Stat. 1229), as amended, except those benefits received by a veteran where the veteran has waived a portion of your military retirement pay to receive veterans compensation.
Property to the extent that the property was mortgaged or encumbered in good faith for its value prior to the date of final separation.
Any payment received as a result of an award or settlement of any cause of action or claim that accrued before the marriage or after the date of final separation, regardless of when the payment was received.
Property acquired before the marriage or property acquired in exchange for property acquired before the marriage.
Property excluded by valid agreement of the parties concluded before, during or after the marriage.
Assets acquired by donation, except between spouses, legacy, currency or offspring or assets acquired in exchange for such assets.
Property acquired after final separation up to the date of divorce, except property acquired in exchange for marital property.
Assets that a party has sold, granted, transferred or otherwise disposed of in good faith and for a value prior to the date of final separation.
Pennsylvania provides that the increase in value of any nonmarital property acquired pursuant to subsection shall be measured from the date of marriage or the date of subsequent acquisition to the date of final separation or the date as close as possible to the hearing on equitable distribution. the date that results in the lesser increase.