Alimony in Pennsylvania (PA): What You Should Know

Pennsylvania spouses who are getting a divorce or legal separation may be required to pay alimony. This article explains Pennsylvania’s alimony system, including the different types of alimony, who qualifies for alimony, and how alimony is calculated. 

Alimony is money that one party must pay to their separated or former spouse to help them maintain their standard of living. If you’re considering divorce or separation and alimony may be a factor, you should have a solid understanding of the state’s alimony laws.

Types of alimony in Pennsylvania

The primary types of alimony in PA are alimony pendente lite (pre-divorce) and post-divorce alimony. Additional support options for divorcing spouses include spousal support and reimbursement payments.

Alimony pendente lite

Pendente lite is a Latin term that means “pending the litigation.” Alimony pendente lite is temporary financial support that is awarded to a lower-income spouse while a divorce is pending. Alimony pendente lite can help the recipient spouse maintain their material well-being and pay for divorce costs.

Post-divorce alimony

Post-divorce alimony is awarded based on the net income and relative needs of each party. The higher-earning spouse pays alimony after the divorce is finalized, either for a set amount of time or on a permanent basis.

Pennsylvania courts will only award post-divorce alimony if the receiving spouse is financially disadvantaged and the paying spouse has the ability to make payments. This arrangement can be changed if either spouse’s circumstances change. 

Spousal support

The terms spousal support and alimony are often used interchangeably. However, in Pennsylvania, spousal support specifically refers to financial assistance that one spouse pays to another after they are separated but before they have filed for divorce, while alimony is support that is awarded after a divorce has been finalized. 

For example, once a couple separates, a lower-income spouse can ask the court to order the higher-income spouse to pay spousal support, which helps cover living expenses during the separation.

After filing a divorce complaint, spousal support payments may be converted to alimony pendente lite to help support the financially dependent spouse during the divorce proceedings. Pennsylvania courts do not allow spousal support and alimony pendente lite payments at the same time.

If alimony is awarded, the spouse seeking alimony will receive payments after the divorce is finalized.

Reimbursement

Unlike spousal support and alimony, which serve as ongoing financial support for a dependent spouse or former partner, reimbursement alimony compensates a party for money they spent on the other spouse’s education or training during marriage. 

For instance, one spouse may have paid for the other spouse to go to school. If the couple gets divorced before both spouses can benefit from the education received, a judge may order the spouse who went to school to compensate the paying spouse for tuition. 

How does alimony work in PA?

If you are getting divorced or legally separated in Pennsylvania, you and your spouse may be able to come to an agreement on alimony terms. If you don’t agree, a judge will decide whether to award alimony and may set limitations or conditions on the payments. 

Who can get alimony? 

In Pennsylvania, a lower-income spouse can request alimony from the higher-income spouse. Spouses who have separated but have not yet filed for divorce can request spousal support.  Once a divorce has been filed, the spouse seeking alimony may qualify for alimony pendente lite. 

After the divorce is finalized, courts may award the lower-income party alimony depending on a variety of factors, including the net income and financial needs of each party. 

In addition to alimony and other forms of financial support, the financially dependent spouse can also request assistance with health insurance and medical expenses from the paying spouse.

The role of a prenuptial agreement

A prenuptial agreement (or prenup) is a contract that a couple enters before getting married. It outlines the terms they agree to should they later choose to separate. 

For a prenup to be enforceable, both parties must voluntarily enter the agreement and should disclose their property and financial obligations.

In Pennsylvania, a valid, enforceable prenup can determine support payment terms.

What factors influence alimony decisions?

Pennsylvania courts consider several factors when deciding alimony amounts, including the following:

• Financial resources. The court will consider the assets, liabilities, inheritances (both realized and expected), and earning capabilities of both parties.
• Standard of living during the marriage. The lifestyle the parties were accustomed to during marriage can affect alimony decisions.
• Duration of marriage. Dependent parties in shorter marriages may receive alimony for less time than those in long-term marriages. 
• Age and health. Each party’s age and health conditions may be taken into consideration, especially if either of these influences their earning capacity.
• Contributions to the marriage. Both financial and non-financial marital contributions can influence alimony decisions, such as property each party brought into the marriage, money one party paid for the other party’s education or training, and homemaker contributions. 
• Marital misconduct. Wrongdoing or abuse can affect whether alimony is awarded. This includes behavior such as adultery, abuse, neglect, or abandonment. 
• Each party’s needs. The court takes into account the relative needs of each party, including how long it would likely take for the dependent party to get the training necessary to obtain employment and how alimony tax consequences will affect the parties.

For example, a spouse who stayed home and took care of children and housework during a marriage–enabling the other spouse to earn income through paid work–may be awarded alimony to support their standard of living while seeking employment. 

How support is calculated

Spousal support and alimony are calculated on a case-by-case basis in Pennsylvania. Courts use Pennsylvania’s Support Guidelines to help determine support amounts.

The amount of the alimony award typically depends on the combined monthly net income and earning capabilities of both spouses. 

However, a judge may also consider additional factors when calculating spousal support or alimony, including the following:

• Child support payments
• Alimony or spousal support payments made to third parties
• Special needs
• Extraordinary expenses
• Marital contributions 

The duration of alimony can be definite or indefinite and depends on the unique circumstances of each case. For example, a spouse who was in a long-term marriage or and has a medical condition that prevents them from working would be more likely to receive indefinite alimony than a spouse in good health who was only married for a short period of time. 

Tax implications

Alimony is not deductible and does not count as taxable income under Pennsylvania state law and cannot be deducted on an income tax return.

The alimony rules for federal taxes depend on when a couple’s divorce or separation agreement was finalized:

• For couples who got divorced on or before December 31, 2018, the paying party can deduct alimony payments on their federal income taxes, and alimony counts as reportable income for the recipient party.
• For couples whose divorce was finalized after 2018, the paying party cannot deduct alimony payments on their federal income taxes, and the recipient party cannot include alimony as part of their income. 

Modifying and enforcing alimony orders

Alimony orders in Pennsylvania can be modified under certain conditions, such as when there is a significant change to one party’s financial status or health. 

Reasons for modifying an alimony order can including the following:

• The parties have moved back in together
• Substantial changes to either party’s income
• Certain ongoing medical expenses
• The parties agree to a change to the order

If the paying spouse stops making payments, there are several ways to enforce an alimony order, all of which require filing paperwork and evidence with the court.

Alimony enforcement methods vary based on the situation:

• Wage garnishment. Income withholding orders can be used to collect payments from the support provider’s paycheck, unemployment and disability compensation, and pension benefits. 
• Property liens. Past due support automatically becomes a lien, meaning that the paying party will have to pay the owed amount in full before buying, selling, or refinancing property. 
• Contempt of court actions for non-payment. If the paying party fails to make regular payments, they may be found in contempt of court and be ordered to make a lump sum payment or serve jail time. 

8 ways a spousal support lawyer can help

An alimony lawyer can provide expert advice and essential legal services to help ease the stress of navigating alimony issues in Pennsylvania.

1. Understanding legal rights and obligations. A spousal support attorney can help explain your rights and responsibilities under Pennsylvania law. 
2. Determining eligibility and amounts. A family lawyer can let you know if either party in your relationship may qualify for alimony and how much alimony payments are likely to be. 
3. Preparing and filing paperwork. A spousal support attorney can help draft and file the paperwork necessary to request alimony. 
4. Negotiating settlements. Family law attorneys have the knowledge and experience to help you try to work toward an agreement with your spouse. 
5. Representing clients in court. Spousal support lawyers understand the intricacies of the law and can advocate for you in court. 
6. Modifying and enforcing alimony orders. A family law attorney can help if you need to change an alimony order or the paying party stops making alimony payments.
7. Addressing tax implications. A family lawyer can help you understand how paying or receiving alimony will affect your taxes.
8. Providing emotional support. Divorce can be draining, but the professional guidance of a good alimony lawyer can help alleviate stress and ensure the best possible outcome. 

FAQs about alimony in PA

How long does alimony last in PA?

The duration of alimony in Pennsylvania is determined on a case-by-case basis. Depending on the specific circumstances, the receiving spouse may be awarded temporary or even permanent alimony. 

When does alimony end in Pennsylvania? 

In Pennsylvania, if an alimony order does not contain an end date, it may be terminated when any of the following occurs:

• Either party dies
• The paying party is unable to pay due to having no known income or assets
• The recipient has a “material or substantial change in circumstances,” such as moving in with a partner who financially supports them
• The recipient remarries 

How does domestic violence affect alimony decisions? 

In Pennsylvania, the higher-income spouse has no support obligation if the dependent spouse engaged in marital misconduct that justified their separation. 

In most cases, if the court finds that one party has been convicted of a personal injury crime against the other party, the convicted party will not be eligible for spousal support or alimony pendente lite. 

A spouse seeking alimony who has suffered abuse from their significant other should consult with an attorney who specializes in spousal support and contact the domestic violence program in their county to get information about how to stay safe during the divorce proceedings.