Pennsylvania Alimony & Spousal Support Guide (2025)
In Pennsylvania, financial support paid from one spouse to another can be categorized as spousal support, alimony pendente lite (APL), or alimony. The c...
Key Takeaways
- Pennsylvania law provides for three types of financial support between spouses in connection with a separation or divorce:
- In determining whether alimony is necessary, and in setting the amount and duration, Pennsylvania courts must consider 17 relevant factors:
- While there is no set formula for alimony, there is a guideline for calculating Spousal Support and Alimony Pendente Lite (APL).
- An alimony order can be modified, suspended, or terminated upon a showing of "changed circumstances of either party of a substantial and continuing nature."
In Pennsylvania, financial support paid from one spouse to another can be categorized as spousal support, alimony pendente lite (APL), or alimony. The court may award alimony if it is deemed necessary and reasonable after considering 17 specific factors.
Pennsylvania Alimony & Spousal Support Guide (2025)
In Pennsylvania, financial support paid from one spouse to another can be categorized as spousal support, alimony pendente lite (APL), or alimony. The court may award alimony if it is deemed necessary and reasonable after considering 17 specific factors.
This guide explains the different types of spousal support in Pennsylvania, the factors courts consider when awarding alimony, and how these payments are determined.
Table of Contents
- What are the types of spousal support in Pennsylvania?
- What factors do courts consider when awarding alimony?
- How is alimony and spousal support calculated in Pennsylvania?
- How long does alimony last in Pennsylvania?
- How can a support or alimony order be modified?
- Frequently Asked Questions
- Legal References
What are the types of spousal support in Pennsylvania?
Pennsylvania law provides for three types of financial support between spouses in connection with a separation or divorce:
- Spousal Support: Paid after separation but before a divorce is filed. It is meant to provide for the dependent spouse's needs.
- Alimony Pendente Lite (APL): Paid after a divorce complaint is filed and while the divorce is pending. The purpose of APL is to allow the dependent spouse to pursue or defend the divorce action.
- Alimony: Paid after the divorce is finalized. It is only awarded if the court finds it is necessary.
| Support Type | When It's Paid | Purpose |
|---|---|---|
| Spousal Support | After separation, before divorce filing. | To provide for the dependent spouse's basic needs. |
| Alimony Pendente Lite (APL) | After divorce is filed, while pending. | To enable the dependent spouse to litigate the divorce. |
| Alimony | After the divorce is final. | To provide for the reasonable needs of a former spouse who cannot support themselves. |
What factors do courts consider when awarding alimony?
In determining whether alimony is necessary, and in setting the amount and duration, Pennsylvania courts must consider 17 relevant factors:
- The relative earnings and earning capacities of the parties.
- The ages and the physical, mental and emotional conditions of the parties.
- The sources of income of both parties, including, but not limited to, medical, retirement, insurance or other benefits.
- The expectancies and inheritances of the parties.
- The duration of the marriage.
- The contribution by one party to the education, training or increased earning power of the other party.
- 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.
- The standard of living of the parties established during the marriage.
- 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.
- The relative assets and liabilities of the parties.
- The property brought to the marriage by either party.
- The contribution of a spouse as homemaker.
- The relative needs of the parties.
- The marital misconduct of either of the parties during the marriage (misconduct after the date of final separation is not considered, except for abuse).
- The Federal, State and local tax ramifications of the alimony award.
- Whether the party seeking alimony lacks sufficient property to provide for their reasonable needs.
- Whether the party seeking alimony is incapable of self-support through appropriate employment.
How is alimony and spousal support calculated in Pennsylvania?
While there is no set formula for alimony, there is a guideline for calculating Spousal Support and Alimony Pendente Lite (APL).
The basic calculation is:
- With Dependent Children: 30% of the higher-earning spouse's net monthly income, minus 40% of the lower-earning spouse's net monthly income.
- Without Dependent Children: 40% of the higher-earning spouse's net monthly income, minus 50% of the lower-earning spouse's net monthly income.
Civilly Insight: For alimony (post-divorce), the court has broad discretion and will rely on the 17 factors listed above rather than a strict formula. The calculation for spousal support and APL is a starting point, and the final amount can be adjusted based on other factors.
How long does alimony last in Pennsylvania?
The court determines the duration of an alimony order, which can be for a definite or indefinite period. The duration must be reasonable under the circumstances. Alimony automatically terminates if the receiving party remarries or cohabits with a person of the opposite sex.
How can a support or alimony order be modified?
An alimony order can be modified, suspended, or terminated upon a showing of "changed circumstances of either party of a substantial and continuing nature."
This could include:
- A significant increase or decrease in either party's income
- The retirement of the paying spouse
- A change in the health of either party
Frequently Asked Questions
Is alimony taxable in Pennsylvania?
No. As of January 1, 2019, for federal and state purposes, alimony payments are no longer tax-deductible for the paying spouse or considered taxable income for the receiving spouse.
Can I get alimony if I had an affair?
Marital misconduct, such as an affair, is one of the 17 factors the court considers when awarding alimony. It can affect the amount and duration of the award, but it does not automatically bar a person from receiving alimony.
What is the difference between alimony and equitable distribution?
Equitable distribution is the division of marital assets and debts. Alimony is a separate payment from one spouse to the other for financial support after the divorce.