When navigating a divorce, nothing stirs the pot quite like alimony. A type of financial support, alimony is often painted as a punishment for one spouse and a reward for the other. However, it is anything but that. Rather, it serves as a means for both parties to move forward independently after the marriage ends.
As a divorce lawyer in Buck County, I have spent years clarifying misconceptions about alimony, and today, I share the answers to the most frequently asked questions I hear from clients.
1. How is Alimony Calculated?
When calculating alimony, there is no one-size-fits-all formula. The court looks at several factors to determine what is fair for all. These include:
- Length of the marriage: Generally, the longer marriage the higher and longer-lasting the alimony.
- Financial needs: The actual monetary requirements of the spouse requesting alimony versus what the other spouse can realistically pay.
- Income and earning capacity: The earning power of each spouse, including current incomeand future potential
- Age and health: An older spouse in poor health may require more support.
- Standard of living during the marriage: So neither spouse experiences a significant drop in their quality of life post-divorce.
- Contributions to the marriage: Including non-financial contributions, such as giving up career opportunities to support a spouse or taking care of the children and household.
2. How Long Does Alimony Last?
Similar to the amount calculation, the duration of alimony depends on several factors, e.g., length of the marriage, specific circumstances of both parties, etc. Based on this duration, it may be:
- Temporary: Also known as “rehabilitative alimony,” these payments are to help the receiving spouse become self-sufficient while they complete education or job training.
- Durational: Payments are awarded for a set period.
- Permanent: While less common, these payments are usually awarded in longer marriages where one spouse is less likely to become financially independent.
3. Can Alimony Be Changed?
According to Pennsylvania Law, there are certain circumstances where alimony can be modified. For example:
- The paying spouse loses their job or sees a substantial decrease in earnings
- Receiving spouse gets a high-paying job or comes into a large inheritance
- Paying spouse’s health deteriorates, and they cannot meet their alimony obligation
- The receiving spouse cohabitates with a partner or remarries
However, any modifications must go through the court to be enforceable. Simply stopping or changing payments without court approval can result in legal penalties.
4. Does Alimony Always Go to the Wife?
Absolutely not! Alimony isn’t a gender-specific issue, especially in today’s world where many households are dual income and dynamics have shifted. In some families, the husband earns less than his wife, while in others, they step back together to support their wife’s career or take on the primary caregiving role.
So, for alimony, the focus is on earning capacity and financial need rather than gender roles. If the wife is the primary breadwinner and the husband finds himself needing support after the divorce, he can be awarded alimony.
5. Can I Avoid Paying Alimony?
While there are ways to minimize alimony payments, it depends heavily on your situation. For instance, having a prenuptial or postnuptial agreement can protect your assets and set clear expectations before marriage.
However, if you’re already married and headed for divorce, at best, you may have room to negotiate terms that reduce your alimony obligations before engaging in a lengthy and expensive courtroom battle.
6. Can Alimony Be Paid in a Lump Sum?
Yes, alimony can be paid in one go rather than ongoing monthly payments. This is known as lump-sum alimony or alimony in gross. Some couples prefer this option because it provides finality for the payer and immediate financial security for the recipient.
However, there are a few drawbacks. For one, it requires a large, upfront payment. Also, once the lump sum is paid, it usually cannot be modified, even if circumstances change, e.g., the payer gets a promotion or the recipient is faced with unexpected expenses. To see if this option is feasible for your circumstances, it is best to have a family law attorney review your finances and offer recommendations.
7. Do I Pay Alimony With Joint Custody?
In cases where joint custody is involved, child support typically takes precedence over alimony, but that is not a given. Joint custody doesn’t automatically eliminate the possibility of alimony. The financial needs of the lower-earning spouse still apply, especially if they sacrificed their career to care for the children during the marriage.
That said, it is more likely that the family court awards lower alimony payments in these cases, especially if both parents share equal time with the children and cover their expenses equally.
8. What Happens to Alimony If I Declare Bankruptcy?
Alimony cannot be discharged through bankruptcy because these payments, like child support, are considered priority debts that courts take very seriously. So, even if the payer declares bankruptcy, they are still obligated to continue paying alimony.
That said, bankruptcy may impact the payer’s ability to meet alimony, thus qualifying as a change in financial circumstances. So they can petition the court for a modification to lessen or even eliminate the payments.
9. What If My Ex Refuses to Pay Alimony?
Unfortunately, some ex-spouses stop making alimony payments or refuse to pay entirely. If this happens, you have legal options. The first step is to enforce the court order by filing a motion with the court. Judges take alimony orders seriously, and there are various penalties for non-payment, like wage garnishment, property liens, or even contempt of court, which could result in jail time.
If you’re facing this situation, consult a family lawyer, such as myself, to help you take swift legal action. I can help you file the necessary paperwork and ensure that your rights are protected.
Final Remarks
When it comes to alimony, no two situations are exactly the same. Each case must be carefully deconstructed to determine the best arrangement for both parties. While there are many moving parts and legal nuances, you can approach the process with far more confidence if you understand its key factors.
Need answers about alimony? Call me today at (215) 750-9202 or visit my website to schedule a consultation. Together, we’ll work toward a fair resolution that ensures your financial future is secure.
