Spousal Support is available to a married spouse, when the couple resides in separate homes and one spouse earns more than the other spouse. There are defenses against spousal support and it is important to have an attorney assist you in your claim for or against spousal support.
Alimony Pendente Lite
Alimony Pendente Lite is a type of support that is limited in nature and paid to the lesser income earning spouse by the higher income earning spouse in accordance to a statutory formula until the divorce is finalized. This support was enacted to equalize the parties incomes during the divorce proceedings and allow each spouse to afford the divorce process and expenses.
In Pennsylvania, there is not a set formula to determine post-divorce alimony. Whether or not to award post-divorce alimony payments lies within the exclusive discretion of the court. The court relies on the following 17 factors to determine whether to award post-divorce alimony.
The 17 Factors of Alimony
- The relative earnings of both spouses.
- The duration of the marriage.
- The ages and physical, mental and emotional states of the two spouses.
- The sources of income of both spouses. This includes medical, retirement, insurance or other benefits.
- The expected future earnings and inheritances of the two spouses.
- The degree to which one spouse has contributed to the other spouse’s education, training or increased earning potential.
- The degree to which a spouse will be financially affected by their position as the custodian of a minor child.
- The standard of living of the spouses established during the marriage.
- The relative education of the parties. This also considers the amount of time it would take for the spouse seeking alimony to acquire the education or training necessary to find employment.
- The relative assets and liabilities of the two spouses.
- The property each spouse brought to the marriage.
- The degree a spouse contributed as a homemaker.
- The relative needs of the two spouses.
- The marital misconduct of either of the spouses during the marriage.
- The federal, state and local tax consequences of the alimony.
- Whether the spouse seeking alimony lacks sufficient property to provide for their reasonable needs.
- Whether the spouse seeking alimony is incapable of supporting themselves through appropriate employment.
 Title 7, Pennsylvania Code, §6102.
Division of Assests
In Pennsylvania “marital property” means all property acquired by either party during the marriage and the increase in value of any non-marital property acquired. However, marital property does not include:
Veterans’ benefits exempt from attachment, levy or seizure pursuant to the act of September 2, 1958 (Public Law 85-857, 72 Stat. 1229), as amended, except for those benefits received by a veteran where the veteran has waived a portion of his military retirement pay in order to receive veterans’ compensation.
Property to the extent to which the property has been mortgaged or otherwise encumbered in good faith for value prior to the date of final separation.
Any payment received as a result of an award or settlement for any cause of action or claim which accrued prior to the marriage or after the date of final separation regardless of when the payment was received.
Property acquired prior to marriage or property acquired in exchange for property acquired prior to the marriage.
Property excluded by valid agreement of the parties entered into before, during or after the marriage.
Property acquired by gift, except between spouses, bequest, devise or descent or property acquired in exchange for such property.
Property acquired after final separation until the date of divorce, except for property acquired in exchange for marital assets.
Property which a party has sold, granted, conveyed or otherwise disposed of in good faith and for value prior to the date of final separation.
Pennsylvania states that the increase in value of any non-marital property acquired pursuant to subsection shall be measured from the date of marriage or later acquisition date to either the date of final separation or the date as close to the hearing on equitable distribution as possible, whichever date results in a lesser increase.