What Are the Key Factors Courts Consider in Alimony & Spousal Support Cases? 

Alimony and spousal support are often contentious issues that arise during a divorce. For many individuals, the financial implications of spousal support can have a profound impact on their quality of life moving forward. However, the other spouse may object to the need for financial support or challenge the awarded spouse's earning capacity. 

To determine alimony and spousal support payments in Pennsylvania, the courts will typically consider certain key factors. At Iwanyshyn & Associates, our goal is to help you understand these factors, so you can make informed decisions when building a case for alimony. Contact us today to schedule a consultation. 

Differences Between Alimony and Spousal Support 

Under Pennsylvania law, spousal support refers to payments made by one spouse to the other during the divorce process but before the divorce is finalized. Alimony, on the other hand, involves payments made to a former spouse after the divorce has been finalized.  

Additionally, Pennsylvania law recognizes a third category called alimony pendente lite (APL), which refers to temporary spousal support that is specifically intended to allow both parties to maintain a fair footing during litigation. 

Each of these mechanisms serves a distinct purpose, but they all focus on ensuring financial fairness between spouses. Pennsylvania courts are tasked with carefully balancing the rights and financial needs of both parties, and the determination of these cases is rarely as simple as one spouse paying the other a set amount.  

Instead, Pennsylvania law emphasizes fairness and considers a broad array of factors before arriving at decisions regarding alimony or spousal support. 

Key Factors the Courts Consider When Determining Alimony & Spousal Support 

When determining whether alimony is appropriate, how much support a spouse should receive, and how long the payments should last, Pennsylvania courts consider a list of statutory factors outlined in 23 Pa.C.S. § 3701 of the Pennsylvania Consolidated Statutes. Some of the key elements the courts will examine include the following. 

The Length of the Marriage 

The duration of the marriage plays a significant role in alimony determinations. The courts are generally more likely to award alimony if the marriage was long-term (e.g., ten years or more). Short-term marriages may still lead to alimony in some circumstances, but the duration of the payments will typically be shorter. 

The Income and Earning Capacities of Both Spouses 

The courts will consider the financial resources available to both parties, including their salaries, bonuses, investment income, and other forms of compensation. If one spouse sacrificed career opportunities during the marriage, such as staying home to raise children, the court will evaluate their future earning capacity and whether they may require financial support while re-entering the workforce or pursuing formal education or vocational training. 

The Age and Health of Both Parties 

The physical and emotional condition of both spouses is also a key consideration. If one spouse is older, disabled, or experiencing chronic health problems, the court may determine that they are entitled to financial support to maintain their quality of life. 

The Standard of Living Established During the Marriage 

A primary goal of alimony is to help the lower-earning spouse maintain a lifestyle comparable to what they experienced during the marriage. The courts will assess the standard of living during the marriage and strive to make sure that any alimony or spousal support order promotes fairness for both spouses. 

Contributions as a Homemaker 

Spouses who took on homemaking responsibilities are typically recognized for their contributions to the household. Pennsylvania courts understand that managing a household and raising children are valuable roles that may have caused one spouse to forego career advancement or financial independence. 

Misconduct During the Marriage 

Unlike spousal support, alimony determinations in Pennsylvania may take marital misconduct into account. For instance, if one spouse engaged in adultery or financial impropriety, the court may consider these factors when determining whether alimony is warranted. 

Property Distribution in the Divorce 

The division of marital property often influences whether alimony is necessary. If the division of assets results in one spouse being placed in a far less advantageous financial situation, the court may use alimony as a way to help bridge that gap. 

Tax Implications 

Under federal law (as of the Tax Cuts and Jobs Act of 2017), alimony payments are no longer tax-deductible for the paying spouse, nor are they considered taxable income for the recipient. However, Pennsylvania courts still consider the financial implications of support arrangements to ensure they are fair and manageable for both parties. 

Key Factors for Spousal Support and APL Considerations 

Unlike alimony, spousal support and alimony pendente lite (APL) are not determined by statutory factors such as marital misconduct. Instead, these forms of temporary support are determined based on a formula established by Pennsylvania law. This formula takes into account the incomes of both spouses and the number of dependents, if any. 

Spousal support and APL are designed to provide financial assistance during the divorce process, preventing one spouse from being placed in a worse financial position simply due to the ongoing litigation. The payments are typically temporary and end once the divorce is finalized or another support arrangement is reached. 

Modification or Termination of Alimony 

It’s important to recognize that alimony arrangements are not set in stone. Pennsylvania courts allow for modifications or termination of alimony if circumstances change significantly. For example, if the receiving spouse remarries or begins cohabiting with a new partner, the court may terminate the alimony obligation.  

Additionally, if the paying spouse experiences a substantial decrease in income due to circumstances beyond their control, such as job loss or a medical condition, the courts may revisit the original alimony order. 

Contact an Experienced Attorney Today 

At Iwanyshyn & Associates, we have extensive experience helping clients throughout Pennsylvania achieve equitable outcomes in family law matters. We understand how emotionally charged alimony and spousal support cases can be, and we strive to approach each case with compassion and a dedication to protecting your rights.  

Whether you are seeking alimony or spousal support or defending against an unreasonable demand, our attorneys are here to guide you through every step. Located in Allison Park and Conway, Pennsylvania, we serve clients throughout Pennsylvania, including Cranberry Township, Butler County, Beaver County, and the surrounding areas. Contact us today to schedule a consultation.