Divorce Alimony in Pennsylvania

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In prior of the final separation between the divorcing spouses, several issues are sorted in front of the court house. In few of the cases, it is observed that one of the two partners is dependent on the respective partner emotionally as well as financially. Therefore, a special support called alimony is defined for such divorce cases. Further, this financial support is molded as per the requirements of the recipient. For example, in some states, temporary alimony can be awarded when the divorce proceedings are ongoing. Similarly, issue of divorce alimony in Pennsylvania is also handled in accordance of the laws and rights alloted to this section. Most importantly, various factors associated with the spouses are taken into consideration before awarding such benefit to one specific spouse involved in divorce case.

Factors considered in Divorce Alimony in Pennsylvania

The court ponders over some crucial factors while deciding the award of alimony. Some of the general factors are:

  • Any consequences of alimony on tax payment methods.
  • What property is brought to the marriage by each partner seeking divorce?
  • While the separation phase existed or while the divorce was pending, has the spouse requesting alimony made any efforts to develop self support skills?
  • Is the spouse seeking spousal support in dearth of adequate property to fulfill own reasonable requirements?
  • Is there a past record that the partner seeking maintenance has committed any marital misconduct?
  • The inputs made by each spouse in the role of a homemaker.
  • The contribution of the spouse to the education, training or enhanced earning power of the other partner.
  • The relative economical resources of the partners inclusive of the following:
    • Insurance, retirement, medical or other benefits.
    • Any separate property.
  • Whether any spouse has been involved in destruction or concealment of any property or irregular or excessive expenses?
  • Does the partner, from whom alimony is demanded, have the capacity to fulfill own requirements as well as disburse any child support payments?
  • The emotional state, physical condition and age of the partner who is requesting the spousal support.
  • The earning ability and the employment history of both the spouses.
  • The duration of marital life.
  • The feasibility and availability of training or education that would enable the recipient of alimony to find employment.
  • The number of months or years essential for such a recipient to complete this training or education.
  • The relative education and employment skills of both the partners.
  • The capacity of both the spouses to fulfill own requirements independently.
  • The gross financial resources of the person requesting spousal support, inclusive of community and separate liabilities and property.
  • The additional liabilities of each spouse after getting divorce such as, child custodial responsibilities and likewise.
  • The court necessarily ensures that what would be the affect of alimony in all tax payment methods of both the spouses. The suitable and justifiable amount of alimony is decided as per the condition between the parties.

Types of Divorce Alimony in Pennsylvania

A specific alimony type or spousal maintenance is awarded only after consideration of the circumstances related to the divorcing parties.

Permanent Alimony

  • This is generally granted to a spouse who is unable to work due to mental illness or physical state or age.
  • The payments continue for a long period of time, probably till the death of the spouse who is the recipient of the money.

Rehabilitative Alimony

  • This is generally granted to a partner who had opted for the role of a homemaker and that of raising children in marital life. Due to this role, it was not possible for this partner to develop skills for gainful and productive employment .
  • The objective of awarding this alimony is that the recipient should be able to attend school and learn the necessary skills to become competitive in the employment market.
  • This alimony is a remedy for a brief period.

Essential points regarding Alimony Settlement

  • Under Pennsylvania Law, there were no provisions for alimony till 1980
  • The Divorce Code of 1980 permits the courts to grant alimony to any party seeking divorce "only when the court detects that alimony is essential"
  • In this state, this sort of post divorce payment is at times called as spousal maintenance
  • One party may disburse alimony to the other as per the mutual agreement or court order.

The decision of divorce alimony in Pennsylvania is granted in various forms such as, rehabilitative alimony, permanent alimony, etc. At the same time, the consequences of alimony on matters like tax payment methods is necessarily taken into account before the final settlement.

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