Pennsylvania Alimony and Support

**Spousal support** (before divorce is filed): - Available to the dependent spouse before any divorce action - Based on need and ability to pay - Fault can be a defense (if requesting spouse is at fault) **Alimony pendente lite (APL)** (during divorce): - Support while the divorce is pending - Maintains the status quo during litigation - Calculated using a formula: 40% of difference in net incomes (reduced if child support is also paid) **Alimony** (after divorce): - Post-divorce support - Not automatic — must show need and ability to pay - 17 statutory factors determine amount and duration - Fault is one of the factors

Pennsylvania courts consider these factors for alimony: 1. Relative earnings and earning capacities 2. Ages and physical, mental, emotional conditions 3. Sources of income (including retirement) 4. Expectancies and inheritances 5. Duration of the marriage 6. Contribution to the other's education or career 7. Contribution as homemaker 8. Relative education and time to acquire training 9. Relative assets and liabilities 10. Property brought into marriage 11. Standard of living during marriage 12. Relative needs 13. **Marital misconduct** (adultery, cruelty, etc.) 14. Tax consequences 15. Whether recipient has custody of minor children 16. Lack of sufficient property for needs 17. Any other relevant factor

Pennsylvania has no fixed formula for alimony duration. Factors include: - **Length of marriage**: Longer marriages typically mean longer alimony - **Age and health**: Older or less healthy recipients may receive longer support - **Employability**: Time needed to become self-supporting - **Economic circumstances**: Each party's ability to maintain the marital standard **Types of alimony**: - **Permanent**: Rare, reserved for very long marriages or where spouse cannot become self-supporting - **Rehabilitative**: Limited period to allow spouse to obtain education or training - **Reimbursement**: Compensates spouse who supported the other through education

Unlike many states, Pennsylvania allows marital misconduct to affect alimony: **Adultery**: A spouse's adultery may reduce or eliminate their alimony claim. However, it's not an absolute bar — courts consider all circumstances. **Other misconduct**: Cruelty, desertion, economic misconduct, and other faults are also considered. **Comparative fault**: Courts look at both spouses' conduct. If both behaved badly, fault may be less determinative. **Practice note**: Even with fault, if the requesting spouse has significant need and the other has significant ability to pay, some alimony may still be awarded.