Alimony is payment from one ex-spouse to the other for support, which is generally awarded to the dependent spouse after a divorce has been finalized. Unlike Spousal Support and Alimony Pendente Lite, there are no guidelines used to determine alimony. Rather, in determining whether alimony is necessary, as well as the amount and duration of alimony, the court is required to consider all relevant factors, including:
- The relative earnings and earning capacities of the parties.
- The ages and the physical, mental and emotional conditions of the parties.
- The sources of income of both parties, including, but not limited to, medical, retirement, insurance or other benefits.
- The expectancies and inheritances of the parties.
- The duration of the marriage.
- The contribution by one party to the education, training or increased earning power of the other party.
- 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.
- The standard of living of the parties established during the marriage.
- 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.
- The relative assets and liabilities of the parties.
- The property brought to the marriage by either party.
- The contribution of a spouse as homemaker.
- The relative needs of the parties.
- 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).
- The Federal, State and local tax ramifications of the alimony award.
- 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.
- Whether the party seeking alimony is incapable of self-support through appropriate employment.
23 Pa. C.S. 3701(b)
The Family Law Attorneys at DiOrio & Sereni, LLP have extensive knowledge and experience in dealing with alimony issues – whether you have a claim for alimony or you are the party defending against a claim for alimony. When it comes to alimony claims in Pennsylvania, we know the legal avenues to take, and can help you through the process to resolve an alimony issue/dispute in an appropriate and equitable manner based upon the facts of your particular case and the applicable laws in Pennsylvania.
Contact the Law Firm of DiOrio & Sereni, LLP
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