Alimony is financial support paid to a spouse who is at an economic disadvantage following a divorce. There are three primary forms of alimony in Pennsylvania:
- Periodic alimony
- Lump-sum alimony
- Rehabilitative alimony
Periodic Alimony:
- Periodic alimony involves ongoing payments, for example, $2,000 per month until the recipient passes away or remarries.
- This type of support is generally indefinite in duration.
- It typically ends automatically upon the recipient’s death or remarriage, and the court often presumes it will end if the recipient cohabitates with someone of the opposite sex. Periodic alimony can be raised, lowered, or stopped if substantial, unforeseeable changes occur.
- For tax purposes, periodic alimony payments are generally deductible for the payer and taxable as income for the recipient.
Lump-Sum Alimony:
- Lump-sum alimony is suited for situations where it’s best to cut ties completely. For example, the court might order a spouse to pay a total of $50,000, spread out over five months at $10,000 per month.
- This type of alimony is set for a defined period, payable either in installments or in one single payment.
- Lump-sum alimony typically cannot be modified later, as it is treated like a contractual right.
- Whether it is tax-deductible or taxable depends on how it’s classified. If it’s clearly defined as alimony, the payer might be able to deduct it.
Rehabilitative Alimony:
- Rehabilitative alimony, often viewed as the most favored type, might involve paying $1,000 per month for 36 months to help the disadvantaged spouse become self-supporting.
- It is granted for a specified timeframe.
- It ends automatically if the recipient dies or remarries, and there is a presumption it ends if the recipient cohabitates. It can also be adjusted or stopped if rehabilitation efforts fail despite reasonable attempts.
- Rehabilitative alimony is deductible for the payer and taxable for the recipient.
- Its purpose is to help the disadvantaged spouse regain earning ability so they are no longer at a financial disadvantage compared to the other spouse.
Factors Affecting Alimony Decisions:
When setting alimony, the court looks at various elements:
- The financial position of the spouse seeking support, including their earning potential and the impact of the divorce settlement (property division, child support, etc.).
- The standard of living both spouses had during the marriage.
- How long it will take the economically disadvantaged spouse to secure employment or complete necessary training or education.
- Each spouse’s age and health (physical and mental).
- Balancing the disadvantaged spouse’s needs with the other spouse’s ability to pay.
- The physical condition of both spouses, including any disabilities or debilitating illnesses.
Key Considerations for Awarding Alimony:
The court’s primary considerations are the disadvantaged spouse’s need and the other spouse’s capacity to pay. Although fault may play a role in granting alimony, it usually does not influence equitable property division unless one spouse has wasted marital assets.
To ensure payment, wage assignment can be imposed. Modifications typically require showing a significant, ongoing change in circumstances. Such changes may include death, remarriage, cohabitation with someone of the opposite sex, or an objectively reasonable retirement.
Alimony Pendente Lite:
Alimony pendente lite is a temporary form of support intended to help the disadvantaged spouse cover the costs of the divorce process. It ends when the divorce case concludes and is not affected by cohabitation. When a couple’s combined net monthly income exceeds $30,000, certain adjustments come into play. The same basic formula is applied as with lower-income couples, but the court also considers the length of the marriage when setting the duration for spousal support or alimony pendente lite.
Divorce Lawyer R. Badet is a seasoned attorney who guides clients through all aspects of the divorce process. His practice covers both straightforward and complex divorces, as well as spousal support, child support, and child custody matters. He is well-versed in family law and has the necessary experience to strive for the best possible outcome. To learn more about your rights and options, visit www.lawyersfordivorces.net or call for a free consultation. He is a highly respected professional who represents clients in both Family Law and Criminal Law issues.
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