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  • Jan 24, 2010, 10:22 AM
    carrie7767
    Pennsylvania alimony laws
    I have heard that PA no longer has alimony? But I also heard they do? I think my husband wants to leave. He has been distant for sometime now, will not communicate with me and refuses to go to the counselor? I believe I have done all I can to same this marriage but I can't keep putting myself through this. I have three grown children (not his) the youngest will graduate high school in the summer, the other two work but could not afford a place of their own. I am scared to death to think of what will happen. He has said several times he just wants to leave and I don't doubt he will. There is no way I could pay the mortgage on the house, and I wonder if I could even afford a place on what I make. I wonder what are my options? I do work 3 days a week and make @100$ I plan on getting another job, but I don't know what he is going to do? Any help would ease my mind and help with a new plan. Thank you
  • Jan 24, 2010, 11:04 AM
    GV70

    Quote:
    Originally Posted by carrie7767 View Post
    I have heard that PA no longer has alimony?
    It is not true.

    Quote:
    Originally Posted by carrie7767 View Post
    I have three grown children (not his) the youngest will graduate high school in the summer, the other two work but could not afford a place of their own.
    It is not related directly.

    Quote:
    Originally Posted by carrie7767 View Post
    I am scared to death to think of what will happen. He has said several times he just wants to leave and I don't doubt he will. There is no way I could pay the mortgage on the house, and I wonder if I could even afford a place on what I make. I wonder what are my options? I do work 3 days a week and make @100$ I plan on getting another job, but I don't know what he is gonna do? Any help would ease my mind and help with a new plan. Thank you
    Pennsylvania Consolidated Statutes Annotated [Pa. Cons. Stat. Ann.), Title (Tit) 23. Section (Sec.) 3701,
    If the court determines that a spouse is eligible for alimony, the following factors are then considered in the award:
    (1)the financial resources of the spouse seeking alimony, including both separate and community property and liabilities;
    (2)the spouse's ability to meet his or her needs independently;
    (3)the education and employment skills of the spouses;
    (4)the time necessary for the supported spouse to acquire sufficient training or education to enable him or her to find employment;
    (5)the availability and feasibility of that training;
    (6)the duration of the marriage;
    (7)the age, employment history, earning ability, and physical and emotional condition of the spouse seeking alimony;
    (8)the ability of the supporting spouse to meet their own needs and make any child support payments;
    (9)excessive or abnormal expenditures, concealment or destruction of any property by either spouse;
    (10)the comparative financial resources of the spouses, including medical, retirement, insurance or other benefits, and any separate property;
    (11)the contribution of one spouse to the education, training, or increased earning power of the other spouse;
    (12)the contribution of either spouse as homemaker;
    (13)any marital misconduct of the spouse seeking alimony;
    (14)whether the party seeking alimony lacks sufficient property to provide for his or her needs;
    (15)the efforts of the spouse seeking alimony to obtain self-support skills while the divorce is pending or during any separation; and
    (16)property brought to the marriage by either spouse.
    (17)any tax ramifications;


    Under Pennsylvania law, married people are financially responsible for each other — the husband has a duty to support his wife, and the wife has a duty to support her husband. This duty lasts until the final Decree in Divorce is granted. It doesn't stop simply because the couple separates. Once the parties file for a mutual-consent no-fault divorce, they must wait at least 90 days and often significantly longer before the final Decree in Divorce is granted. During this period, an agreement on support payments may be appropriate if the parties are separated.


    Alimony in Pennsylvania is authorized in limited situations and is not the broad remedy that it is in other states. Alimony in Pennsylvania is either "rehabilitative" or "permanent" .

    Rehabilitative alimony is intended to be a short-term measure which enables a spouse to get back on his or her feet. Alimony is awarded to enable the other spouse to go back to school or to acquire needed skills that would enable the spouse to be competitive in the job market. Usually a spouse who has chosen the role of becoming a homemaker and raising children has not been able to develop the skills necessary for productive and gainful employment.

    "Permanent alimony" continues for a long period, possibly until the death of the party receiving the alimony and is usually awarded when one of the parties is unable to work due to age physical or mental illness.
  • Jan 24, 2010, 11:16 AM
    GV70

    According to Millenniumdivorce,

    Pennsylvania alimony or spousal support may be awarded by applying spousal support guidelines. The amount of spousal support arrived at under the Pennsylvania guidelines will be presumed to be correct unless it is shown that the amount is unjust or inappropriate. In determining a party's request for maintenance, a Pennsylvania court will consider the following factors:



    1.whether the spouse seeking alimony lacks sufficient property to provide for his or her own needs;
    2.whether the spouse is unable to be self-supporting through appropriate employment;
    3.whether the spouse seeking alimony is the custodian of a child;
    4.the time necessary to acquire sufficient education and training to enable the spouse to find appropriate employment, and that spouse's future earning capacity;
    5.any tax consequences;
    6.the standard of living established during the marriage;
    7.the duration of the marriage;
    8.the financial resources of the spouse seeking alimony, including marital property apportioned to such spouse and such spouse's ability to meet his or her needs independently;
    9.the comparative financial resources of the spouses, including their comparative earning abilities in the labor market;
    10.the needs and obligations of each spouse;
    11.the contribution of each spouse to the marriage, including services rendered in homemaking, child care, education, and career building of the other spouse;
    12.the age of the spouses;
    13.the physical, mental, and emotional conditions of the spouses;
    14.the probable duration of the need of the spouse seeking support and alimony;
    15.the educational level of each spouse at the time of the marriage and at the time the action for alimony is commenced;
    16.the conduct of the spouses during the marriage;
    17.the spouse's sources of income, including medical, insurance, retirement benefits, inheritances, assets and liabilities, and any property brought into the marriage by either spouse;
    18.any marital misconduct; and
    19.any other factor the court deems just and equitable.

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