Alimony is intended to support a spouse who is at a financial disadvantage. Pennsylvania recognizes three main categories of alimony:
- Periodic Alimony
- Lump Sum Alimony
- Rehabilitative Alimony
1. Periodic Alimony
- Definition: A recurring payment, for example, a court ordering a monthly sum of $2,000 to a former spouse until death or remarriage.
- Duration: Continues indefinitely, ending automatically if the recipient passes away or remarries. There is also a presumption of termination in cases of cohabitation with someone of the opposite sex.
- Modification: Can be increased, decreased, or terminated if significant, unforeseen circumstances arise.
- Tax Consequences: Payments are generally tax-deductible for the payer and considered taxable income for the recipient.
2. Lump-Sum Alimony
- Definition: A fixed total amount, for instance, a court might order $50,000 paid over five months at $10,000 each month.
- Duration: Paid within a defined timeframe, either in installments or as a one-time payment.
- Modification: Not subject to modification once set; it functions similarly to a contractual obligation.
- Tax Consequences: Whether it is deductible or taxable depends on how it is characterized in any settlement. If it is explicitly defined as alimony, it may be deductible by the payer.
3. Rehabilitative Alimony
- Definition: The most favored form of alimony, meant to help the recipient regain financial independence. For example, a court might require $1,000 per month for 36 months.
- Duration: Paid for a limited timeframe.
- Modification: Automatically ends upon the recipient’s death or remarriage, with a presumption of termination if the recipient cohabits. Changes (increases, decreases, or termination) may occur if all reasonable attempts at self-sufficiency have been made but have failed.
- Tax Consequences: Typically tax-deductible for the payer and taxable income for the person receiving it.
- Purpose: Intended to help a spouse who sacrificed career or earning potential during the marriage to regain financial stability and reduce the economic gap relative to the other spouse.
Factors for Determining Alimony
Courts consider multiple factors, including:
- The requesting spouse’s financial resources, earning capacity, and any assets allocated in the divorce.
- The couple’s standard of living during the marriage.
- How long it may take for the financially disadvantaged spouse to find appropriate employment or complete education/training.
- Both spouses’ ages and overall health.
- Balancing the disadvantaged spouse’s need against the other spouse’s capacity to pay.
- Each party’s physical condition, including potential long-term disabilities or chronic illnesses.
Considerations for Awarding Alimony
Courts will primarily look at:
- The financially disadvantaged spouse’s need.
- The other spouse’s ability to pay.
- Fault may be taken into account but generally isn’t a factor in property distribution unless one party has misused marital assets.
- Wage assignments can be imposed for enforcement.
- Modifications often require a substantial and ongoing change in circumstances, such as death, remarriage, cohabitation, or a justified retirement.
Alimony Pendente Lite
- A specialized form of financial support granted on a broader basis to assist the disadvantaged spouse with the cost of divorce proceedings.
- Ends when the divorce litigation concludes (cohabitation does not affect it).
- If the couple’s combined net monthly income exceeds $30,000, the standard formula still applies, though courts must also consider the length of the marriage in deciding the duration of spousal support or alimony pendente lite.
Divorce Lawyer R. Badet
Divorce Lawyer R. Badet has extensive experience guiding clients through every step of the divorce process. His work includes straightforward and complex divorces, spousal support, child support, and custody matters. His in-depth knowledge allows him to pursue the best possible results for each client. To explore your rights and options, visit www.lawyersfordivorces.net or call for a free consultation. He is widely respected for his many years of practice and significant experience in Family Law and Criminal Law litigation.
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