When dealing with a divorce, financial stability is generally the biggest concern for both spouses. While spousal support and alimony are options, what the courts decide can vary night and day from what you expected.
As a family law attorney who has handled many alimony cases in Lower Bucks County and Northeast Philadelphia I’m here to break down the details. We’ll cover everything the factors courts consider to how payments are calculated. By the end of this article, you’ll have a clearer picture of what to expect and how to prepare if you’re navigating a divorce.
Divorce Support: The Basics
Before diving into how alimony is determined in Pennsylvania, it’s important to distinguish between the different types of financial support available during and after a divorce:
Spousal Support
This is financial assistance provided to a spouse during separation but before divorce proceedings have officially begun. The purpose of spousal support is to maintain a financial status quo so one spouse isn’t struggling financially during the separation period.
Alimony Pendente Lite (APL)
Once a divorce has been initiated, APL may replace spousal support. This support is meant to help the lower-earning spouse cover legal fees and maintain their living standards until the divorce is finalized.
Alimony
This is the financial support paid after the divorce is finalized. Unlike spousal support and APL, which are temporary, alimony can be either short- or long-term, depending on the circumstances.
Who Qualifies for Such Support?
Contrary to popular belief, spousal support, APL and alimony aren’t automatically granted in every divorce case. Philadelphia Family Court takes a nuanced approach and only awards in cases where it is deemed necessary, such as:
- There is a significant difference in income
- Health issues prevent a spouse from working
- There is a lack of employment opportunities
In Bucks County, the court’s primary consideration is fairness to both the spouse paying and the one receiving. The goal is to avoid leaving one n financial ruin while still considering the other’s ability to meet their financial obligations.
How Is Spousal Support Calculated in Pennsylvania?
Spousal support is based on your and your spouse’s net income, which, by the way, is not just salary. Net income also includes any bonuses, rental income, and other sources of revenue minus taxes and deductions.
Generally, the courts look at the difference in net incomes between the two spouses, which is then multiplied by a percentage:
- 40% if there’s no child support involved
- 30% if child support is also on the table
The spouse who earns more will pay this percentage of the income to the other spouse. Allow me to illustrate this with an example.
Suppose your net income after taxes and deductions is $70,000, while your spouse’s is $40,000. Assuming there’s no child support, the court applies 40% on this difference ($30,000) which comes to $12,000. As the spouse with the higher income in this example, you would pay $12,000 to your spouse over the course of the year.
However, this is NOT a hard rule. As a lawyer in Bucks County, I see the court look at several other factors like each spouse’s earning potential and other significant financial or non-financial contributions made during the marriage. So, while the calculation provides a general formula, the final spousal support amount may be more or less.
Alimony Calculation Pennsylvania
For alimony, Pennsylvania has outlined calculation guidelines for courts to follow. These guidelines are quite comprehensive and include a number of components that help determine if alimony should be awarded and how much should be paid. Some key factors include:
- Length of the Marriage: If you’ve been married for a long time – say 20 years or more – the court is more likely to award long-term alimony than a marriage of just a few years.
- Earning Capacity of Each Spouse: The court doesn’t just look at what you and your spouse are currently earning; they’ll assess your potential to earn in the future. This means considering your education, work history, and even your age. If one spouse has limited job prospects or has been out of the workforce for a while, that also makes a difference.
- Financial Needs and Resources: The court examines each spouse’s financial situation in detail. This includes looking at your income, assets, debts, and ongoing expenses. The goal is to identify each person’s financial needs and resources.
- Contribution to the Marriage: Alimony decisions are not just about money. Non-monetary contributions, like staying home to raise children or supporting the other’s career, are all factored into determining alimony.
- Living Standard During the Marriage: Alimony aims to prevent a drastic shift in lifestyle for the lower-earning spouse. If you enjoyed a certain standard of living during the marriage, alimony may be awarded to help maintain that.
- Misconduct and Fault: In Pennsylvania, the court usually doesn’t consider marital misconduct like infidelity when deciding on alimony. However, if such misconduct caused financial harm, it might still be relevant to the case. Remember, the focus in such cases is fairness, not assigning blame.
- Tax Consequences: While tax laws have changed in recent years, alimony payments come with tax implications, and the court will take these into account when making a decision.
How Long Does Alimony Last?
Legally speaking, alimony isn’t meant to be a permanent financial lifeline. It is more like a tool to help the lower-earning spouse become self-sufficient. Even in long-term marriages, it would be unrealistic to expect alimony won’t last forever.
That’s why you’ll often see temporary or rehabilitative alimony awarded in a majority of cases. These are designed to provide support for a specific period, giving the recipient time to get back on their feet.
- Temporary alimonyprovides support for a set period, like a few months or years.
- Rehabilitative alimonyis focused on providing time and resources for gaining new skills or education.
Both types are designed to help individuals become self-sufficient and regain their financial footing after a separation.
While rare, permanent alimony may be awarded when one spouse is highly unlikely to become self-sufficient due to age, disability, or long-term unemployment. And even though it’s called “permanent,” this type of alimony can be changed or terminated if circumstances change, like if a spouse re-marries.
Final Thoughts
Alimony and spousal support in Pennsylvania are complicated, with decisions hinging on many factors. Whether you’re seeking alimony or trying to minimize your financial obligations, understanding the process is crucial for achieving a fair outcome.
As a family law attorney, I aim to guide clients through the alimony process with clarity. I understand the challenges that come with divorce, and I’m here to help you navigate them with confidence. If you need advice on alimony calculations, negotiations, or modifying existing orders, I’m just a call or text away.
If you’re going through a divorce and need guidance on spousal support or alimony in Lower Bucks County or Northeast Philadelphia, let’s talk. Reach out to Larry H. Lefkowitz at (215) 750-9202 for a consultation.
