Alimony and Spousal Support in Pennsylvania
How Pennsylvania decides spousal support (alimony), the factors courts weigh, and how marital property is divided.
Short answer: After a divorce decree, the court may award alimony to either spouse only if it finds alimony is necessary. 23 Pa.C.S. 3701
| Alimony (spousal support) | After a divorce decree, the court may award alimony to either spouse only if it finds alimony is necessary. Factors include relative earnings and earning capacities, ages and health, sources of income, expectancies and inheritances, length of the marriage, contributions to the other's education or earning power, effect of child custody on earning power, standard of living, education and time needed for training, assets and liabilities, property brought to the marriage, homemaker contributions, needs, marital misconduct before final separation (and abuse at any time), tax effects, whether the spouse lacks enough property for reasonable needs, and whether the spouse is unable to be self-supporting. The court sets a definite or indefinite duration that is reasonable; there is no statutory formula. Source: 23 Pa.C.S. 3701 |
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| Dividing property | Pennsylvania uses equitable distribution. On request, the court divides marital property in the percentages it considers just, without regard to marital misconduct, considering factors such as the length of the marriage, prior marriages, each spouse's age, health, income, skills and needs, contributions to the other's education or earning power, contributions as a homemaker, dissipation, standard of living, tax consequences and custody of children. Marital property is property acquired during the marriage plus certain increases in value of nonmarital property. It does not include property owned before the marriage, property excluded by a valid agreement, gifts (except between spouses) and inheritances, property acquired after final separation (except in exchange for marital assets), and certain veterans' benefits. Source: 23 Pa.C.S. 3501; 3502 |
Where to get help in Pennsylvania
More Pennsylvania divorce & family law
- Getting a Marriage License in Pennsylvania
- Adopting a Child in Pennsylvania
- Guardianship of a Child or Adult in Pennsylvania
- Establishing Paternity in Pennsylvania
- Changing Your Name in Pennsylvania
- Child Custody Laws in Pennsylvania
- How Child Support Is Calculated in Pennsylvania
- Divorce Records in Pennsylvania
- How to File for Divorce in Pennsylvania
- Legal Separation and Annulment in Pennsylvania
- All Pennsylvania divorce & family law rules
FAQ
How is alimony decided in Pennsylvania?
After a divorce decree, the court may award alimony to either spouse only if it finds alimony is necessary. Factors include relative earnings and earning capacities, ages and health, sources of income, expectancies and inheritances, length of the marriage, contributions to the other's education or earning power, effect of child custody on earning power, standard of living, education and time needed for training, assets and liabilities, property brought to the marriage, homemaker contributions, needs, marital misconduct before final separation (and abuse at any time), tax effects, whether the spouse lacks enough property for reasonable needs, and whether the spouse is unable to be self-supporting. The court sets a definite or indefinite duration that is reasonable; there is no statutory formula.
Is Pennsylvania a community property state?
Pennsylvania uses equitable distribution. On request, the court divides marital property in the percentages it considers just, without regard to marital misconduct, considering factors such as the length of the marriage, prior marriages, each spouse's age, health, income, skills and needs, contributions to the other's education or earning power, contributions as a homemaker, dissipation, standard of living, tax consequences and custody of children. Marital property is property acquired during the marriage plus certain increases in value of nonmarital property. It does not include property owned before the marriage, property excluded by a valid agreement, gifts (except between spouses) and inheritances, property acquired after final separation (except in exchange for marital assets), and certain veterans' benefits.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.