How Pennsylvania Family Courts Award Alimony

There is alimony in Pennsylvania.  However, there is no entitlement to alimony and it is awarded at the discretion of the Court.  There are 17 factors that a Court is required to consider when determining whether or not to award alimony.

1. The relative earnings and earning capacities of the parties.
2. The ages and the physical, mental and emotional conditions of the parties.
3. The sources of income of both parties, including, but not limited to, medical, retirement, insurance or other benefits.
4. The expectancies and inheritances of the parties.
5. The duration of the marriage.
6. The contribution by one party to the education, training or increased earning power of the other party.
7. The extent to which the earning power, expenses or financial obligations of a party will be affected by reason of serving as the custodian of a minor child.
8. The standard of living of the parties established during the marriage.
9. The relative education of the parties and the time necessary to acquire sufficient education or training to enable the party seeking alimony to find appropriate employment.
10. The relative assets and liabilities of the parties.
11. The property brought to the marriage by either party.
12. The contribution of a spouse as homemaker.
13. The relative needs of the parties.
14. The marital misconduct of either of the parties during the marriage.
15. The Federal, State and local tax ramifications of the alimony award.
16. Whether the party seeking alimony lacks sufficient property, including, but not limited to, property distributed under Chapter 35 (relating to property rights), to provide for the party’s reasonable needs.
17. Whether the party seeking alimony is incapable of self-support through appropriate employment.

There is no formula that can be used to calculate alimony in Pennsylvania and there is no way to predict the amount of alimony a Court will award.  There are many variables to account for and each case is different.  If you would like to learn more or discuss your case with an attorney, please call us at (610) 692-8700.