Alimony refers to financial support paid to the spouse who is economically disadvantaged following a divorce. In Philadelphia, there are three main types of alimony: (1) periodic alimony, (2) lump-sum alimony, and (3) rehabilitative alimony.
Periodic Alimony:
Periodic alimony involves regular payments made by one spouse to the other, such as $2,000 per month until the recipient either passes away or remarries.
- Duration: Indefinite, but subject to termination if the recipient remarries, dies, or cohabits with someone of the opposite sex.
- Modification: Can be adjusted or terminated if substantial and unforeseen changes occur.
- Tax Consequences: Deductible by the payer and taxable to the recipient.
Lump-Sum Alimony:
This type of alimony is typically used when complete financial separation is desired, with a set payment schedule, for example, $50,000 paid at $10,000 per month over five months.
- Duration: Paid for a specific period, either in installments or as a lump sum.
- Modification: Not modifiable, as it is treated like a contract.
- Tax Consequences: The payer may deduct it, but this depends on whether the payment is specifically labeled as alimony in the settlement.
Rehabilitative Alimony:
This type of alimony is designed to help the economically disadvantaged spouse regain their ability to support themselves. For instance, a court may order $1,000 per month for 36 months to assist the spouse in acquiring job skills.
- Duration: Fixed for a specific time period.
- Modification: Ends upon remarriage, death, or cohabitation, and may be modified if efforts to become financially independent fail.
- Tax Consequences: Deductible by the payer and taxable to the recipient.
- Purpose: Aims to restore the disadvantaged spouse’s earning capacity, allowing them to achieve financial independence.
Factors Considered When Determining Alimony: The court considers several factors, such as:
- The financial resources of the requesting spouse, including their earning potential and the divorce settlement.
- The standard of living during the marriage.
- The time required for the disadvantaged spouse to secure employment or complete training.
- The ages and health conditions of both parties.
- The needs of the disadvantaged spouse compared to the other spouse’s ability to pay.
- The physical condition of the parties involved, including any disabilities.
Considerations for Awarding Alimony: The court’s primary concerns when awarding alimony are the need of the disadvantaged spouse and the other spouse’s ability to pay. Fault may be a factor in some cases, but it is not typically considered when dividing property, unless marital assets have been squandered.
Modification of Alimony: Modifications generally require proof of a significant and lasting change in circumstances, such as remarriage, cohabitation, death, or reasonable retirement.
Alimony Pendente Lite:
This temporary form of alimony helps the economically disadvantaged spouse cover divorce-related expenses. It ends once the divorce proceedings are concluded and is not affected by cohabitation.
Changes to Alimony Pendente Lite:
When the couple’s combined income exceeds $30,000, courts apply a formula considering the difference in income and any child support obligations. Duration of the marriage is also taken into account.
Divorce Lawyer R. Badet is a skilled and experienced attorney specializing in divorce law. He is committed to assisting clients throughout the entire divorce process, from property division to spousal and child support matters. For a consultation, visit www.lawyersfordivorces.net or call for more information about your legal rights. He is a trusted family law and criminal law attorney, offering effective representation in both areas.
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