Spousal support

Spousal support is available to a married spouse, when the couple resides in separate households and one spouse earns more than the other spouse. There are defenses against spousal support and it is important that an attorney help you with your claim for or against spousal support.

Alimony Pendente Lite

Pendente Lite alimony is a type of support that is limited in nature and is paid to the lower income spouse by the higher income spouse according to a legal formula until the divorce is finalized. This support was approved to equalize the income of the parties during the divorce process and allow each spouse to take care of the divorce process and expenses.

Alimony

In Pennsylvania, there is no set formula for determining alimony after divorce. Whether or not to grant alimony payments after the divorce is at the sole 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 income and inheritance 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 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 applying for alimony to acquire the necessary education or training to find employment.
The relative assets and liabilities of the two spouses.
The property that each spouse contributed to the marriage.
The degree to which a spouse contributed as a homemaker.
The relative needs of the two spouses.
The marital misconduct of either spouse during the marriage.
The federal, state and local tax consequences of alimony.
If the spouse requesting alimony lacks sufficient assets to meet their reasonable needs.
If the spouse applying for alimony is unable to support himself through suitable employment.

[1] Title 7, Pennsylvania Code, §6102.

Asset division

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 garnishment, garnishment, or seizure pursuant to the law of September 2, 1958 (Public Law 85-857, 72 Stat. 1229), as amended, except for benefits received by a veteran when the veteran has renounced a part. of your military retirement pay to receive veterans’ compensation.
Property to the extent that the property has been mortgaged or encumbered in good faith for its value before the date of final separation.
Any payment received as a result of an award or settlement for any cause of action or claim that increased before the marriage or after the date of final separation, regardless of when the payment was received.
Property acquired before marriage or property acquired in exchange for property acquired before marriage.
Property excluded by valid agreement of the parties entered into before, during or after the marriage.
Property acquired by donation, except between spouses, bequest, currency or ancestry or property acquired in exchange for said property.
Assets acquired after the definitive separation until the date of the divorce, except the property acquired in exchange for marital property.
Property that a party has sold, granted, transferred, or otherwise disposed of in good faith and for value prior to the final separation date.

Pennsylvania states that the increase in the value of any non-marital property acquired pursuant to the subsection shall be measured from the date of the marriage or the subsequent acquisition date to the date of final separation or the date closest to the hearing on equitable distribution. the date that results in the smallest increase.