Alimony—How Much & for How Long?

How to Qualify for Alimony

The court considers the life style, and standard of living during established during the marriage, the needs of the one spouse, and the ability to pay of the other spouse.   Specifically, the law requires the judge to consider the following 17 factors:

(1)  The relative earnings and earning capacities of the parties.

(2)  The ages and the physical, mental and emotional conditions of the parties.

(3)  The sources of income of both parties, including, but not limited to, medical, retirement, insurance or other benefits.

(4)  The expectancies and inheritances of the parties.

(5)  The duration of the marriage.

(6)  The contribution by one party to the education, training or increased earning power of the other party.

(7)  The extent to which the earning power, expenses or financial obligations of a party will be affected by reason of serving as the custodian of a minor child.

(8)  The standard of living of the parties established during the marriage.

(9)  The relative education of the parties and the time necessary to acquire sufficient education or training to enable the party seeking alimony to find appropriate employment.

(10)  The relative assets and liabilities of the parties.

(11)  The property brought to the marriage by either party.

(12)  The contribution of a spouse as homemaker.

(13)  The relative needs of the parties.

(14)  The marital misconduct of either of the parties during the marriage. The marital misconduct of either of the parties from the date of final separation shall not be considered by the court in its determinations relative to alimony, except that the court shall consider the abuse of one party by the other party. As used in this paragraph, “abuse” shall have the meaning given to it under section 6102 (relating to definitions).

(15)  The Federal, State and local tax ramifications of the alimony award.

(16)  Whether the party seeking alimony lacks sufficient property, including, but not limited to, property distributed under Chapter 35 (relating to property rights), to provide for the party’s reasonable needs.

(17)  Whether the party seeking alimony is incapable of self-support through appropriate employment.

How Much Alimony Will I Get?

The court will look at 17 factors to determine the amount of alimony.  The court will consider disparity of income, type of assets, and other circumstances.  The court can use the Pennsylvania Rules of Civil Procedure as a guide, but is not bound by it.

How Long Will Alimony Last?

Generally, the purpose of alimony is rehabilitative, and designed to give a spouse time to get the required skills to support him or herself.  Generally, it’s for a limited amount of time, but in some case it can be permanent.  For example, a 30 year marriage where the spouse spent most of their adult life taking care of the children and the home may be eligible for permanent alimony.

Living With Someone After the Divorce Can Cause You to Lose Alimony

If you’re receiving alimony after your divorce, and you move in with someone, you could lose alimony.  There’s a way to get around that rule and it’s best to consult with divorce and family law lawyer if you think that’s going to be an issue.

Want Peace of Mind and a Complete Evaluation of Your Case? 

Call (610) 347-5683 NOW or Click HERE to Schedule a Consultation with Chester County Pennsylvania Divorce & Family Law Attorney, Michaelangelo L. Dippolito.  Click HERE to see the attorney’s background.

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