How Is Alimony (Spousal Support) Determined in a Divorce?

In Pennsylvania, financial support between spouses is determined based on their financial situation and the type of support involved. The rules for calculating payments vary depending on the stage of the divorce process.

Our family law attorneys at Crouthamel Law help clients in Lehigh County determine their financial rights and obligations. Below, we explain how financial support is determined under Pennsylvania law.

Understanding Spousal Financial Support in Pennsylvania

Depending on the stage of your separation or divorce, you may qualify for different forms of financial support:

• Spousal support: Financial support paid by one spouse to the other while they’re still legally married, often after separating.

• Alimony pendente lite (APL): Temporary financial support available while divorce proceedings are ongoing.

• Post-divorce alimony: Support awarded after a divorce is finalized if the court determines it’s necessary.

Each type of support has different requirements. Spousal support and APL generally follow Pennsylvania’s support guidelines, while post-divorce alimony is determined using factors established by state law.

How Is Spousal Support Calculated?

Spousal support is generally calculated using both spouses’ monthly net incomes, with different rules when child support is involved.

For example, if one spouse earns $4,000 a month and the other earns $2,000, the calculation without dependent children would be 33% of the higher earner’s income ($1,320) minus 40% of the lower earner’s income ($800). This results in a preliminary payment of $520 per month.

Other expenses and financial obligations can affect the final amount, so the actual payment could be different.

In Lehigh County, both spouses must provide financial documentation during the support process. This includes proof of income and records of expenses that could affect the payment amount. The Lehigh County Court provides a list of documents to bring to a support conference.

Factors That Determine Post-Divorce Alimony

Unlike spousal support, post-divorce alimony doesn’t follow a fixed formula. Instead, the court considers whether financial assistance is necessary and how much the receiving spouse needs.

Under Pennsylvania law, judges consider 17 factors when deciding whether to award alimony, including:

• Income and earning capacity: How much each spouse earns or can reasonably earn.

• Length of the marriage: How long the couple was married.

• Age and health: Each spouse’s age and physical, mental, and emotional condition.

• Education and employment: Whether a spouse needs additional education or training to find suitable work.

• Financial needs and circumstances: Each spouse’s ability to support themselves, taking into account their personal and financial situation.

These factors also help the court decide how much alimony a person receives and how long payments last.

Questions About Financial Support During Divorce?

Financial support can affect your finances long after a divorce is finalized. Whether you’re seeking payments or have to make them, it’s crucial to understand how Pennsylvania law applies to your situation.

Speak with our team about your situation. You can send us a message through our website or call us at 610-428-3386.