Also referred to as spousal support, reasonable alimony awards are still permitted in Pennsylvania. The family court may order alimony in appropriate cases, but it is not mandatory. Judges must consider numerous factors, including the length of the marriage and the parties’ economic circumstances, in determining whether to award alimony and, if so, how much.
For this reason, you need an experienced Harrisburg Alimony lawyer from McDonald Myers Law to advocate for your financial future during divorce proceedings.
Types of Alimony Recognized in Pennsylvania
Not all alimony awards are created equal. Because family judges have broad discretion in awarding or denying alimony during Harrisburg divorce proceedings, Pennsylvania recognizes the following types of alimony:
- Alimony Pendente Lite: Also called spousal maintenance, this is alimony awarded during divorce proceedings but before entry of the final divorce decree. It expires when the divorce is finalized.
- Rehabilitative: Courts may award one spouse this temporary post-divorce alimony to help him or her become ‘self-supporting’. This generally means reentering the workforce, attending job training, or obtaining an education.
- Reimbursement: Though not applicable to most cases, reimbursement alimony is designed to repay one spouse for investments made in the other spouse’s business or career. This most often occurs when one spouse worked to put the other through school.
- Permanent: Traditional alimony involves permanent or semi-permanent payments made to an ex-spouse each month for life or until retirement/remarriage. This is generally reserved for lengthy marriages during which one spouse was a homemaker.
Alimony, even reimbursement awards, can be paid in lump-sum or monthly installments. Unlike child support, spouses can agree on alimony-related matters, including reasonable payment schedules, amounts, and even waivers. Discuss engaging in alimony mediation with our Harrisburg family team to avoid unnecessary legal fees and accelerate your divorce timeline.
Factors Considered During Harrisburg Alimony Proceedings
In determining whether to award alimony, and if so, how much, family judges must consider the following factors set forth in 23 Pa. C.S. § 3701 as to both parties:
- Earnings and earning capacity
- Age and health
- Income
- Inheritances or expected inheritances
- Marriage length
- Child custody and impact on earning capacity
- Standard of living during the marriage
- Education and employability
- Assets and liabilities
- Property brought into the marriage
- Homemaker contributions
- Financial needs
- Taxes
- Marital misconduct (fault)
Pennsylvania continues to allow courts to consider marital fault in making alimony determinations. This means you can request the court forgo awarding alimony if the requesting spouse had an affair. However, one spouse might also demand a higher or lengthier alimony term if he or she suffered from significant emotional or physical abuse during the marriage. Having a dedicated alimony attorney on your side is essential in fault-based divorce and alimony cases.
Trusted Harrisburg, PA, Alimony Lawyers
If you need continued post-divorce financial support or want to fight unreasonable alimony requests, discuss your case with the compassionate alimony and divorce attorney at McDonald Myers Law. Call (717) 799-8546 or connect with our Harrisburg domestic relations team online to schedule a case evaluation today.
