When dissolving a marriage, many lower earning spouses contemplate how they could afford to leave the relationship when they have been financially dependent on their spouse for years. Pennsylvania statute provides several options for financial maintenance and support. Spousal support, Alimony Pendente Lite, and Alimony are all often colloquially referred to as alimony or spousal support, but each type of support has a distinct definition and is awarded under different circumstances.
Alimony specifically refers to support paid from the higher earning spouse to the lower earning spouse after the divorce has been finalized and the divorce decree has been entered. Reasonable alimony awards are still permitted in Pennsylvania, though it is considered a secondary remedy, meaning the courts would prefer to find an equitable distribution of the marital estate without awarding alimony, but courts will award alimony when alternative remedies are not available. 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 and for how long.
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 Support Recognized in Pennsylvania
Not all Support awards are created equal. Pennsylvania recognizes the following types of support:
- Spousal Support: Spousal support may be awarded when spouses with sufficiently disparate income separate but have not yet filed for divorce. The amount of spousal support is determined by the Pennsylvania Support Guidelines.
- Alimony Pendente Lite: Also called spousal maintenance, this is support awarded from the higher earning spouse to the lower earning spouse for the duration of the divorce. It expires when the divorce is finalized. The amount of APL awarded is based on the Pennsylvania Support Guidelines.
- Alimony: Post-Divorce remedy awarded at the discretion of the court to ensure that the reasonable needs of the person who is unable to support himself or herself through appropriate employment are met. Alimony is considered a secondary remedy to equitable distribution.
- Rehabilitative Alimony: 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.
- Permanent: Where one party will never be capable of economic self-support, 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.
- Equitable Reimbursement: Where the marital estate cannot be divided to achieve economic justice between the spouses, the court may order one spouse to pay installment payments to compensate the other for his or her share of marital property. This type of installment payment is not technically considered alimony, but it resembles alimony in that it is often awarded in monthly installments after the divorce decree has been entered. Equitable reimbursement may also be considered compensatory alimony in cases where one spouse makes significant investments in the other’s education or business.
Depending on the circumstances, alimony and 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
Family judges have broad discretion in awarding or denying alimony during Harrisburg divorce proceedings but they 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 no longer recognizes marital misconduct, such as extramarital affairs in making alimony determinations, but it can consider financial or physical abuse. Having a dedicated alimony attorney on your side is essential in fault-based divorce and alimony cases.
Trusted Harrisburg, P.A., 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) 704-9077 or connect with our Harrisburg domestic relations team online to schedule a case evaluation today.
