ALIMONY AND DIVORCE

A misconception exists among many people as to the right to receive alimony in Pennsylvania divorce cases. Contrary to popular opinion, alimony does exist in Pennsylvania, after having been instituted in 1980 by the State Legislature. Generally, alimony is not granted in every case, because in many instances, the two spouses are more or less equal financially or there is sufficient marital property to divide.

Variety of Factors
One of the most difficult issue in family law is whether alimony will be granted in specific divorce cases. Pennsylvania law gives the Judge or Master the power to decide whether to grant alimony and for how long. These questions are difficult because judges have seventeen factors to consider in deciding whether to order alimony. Among the factors is the relative earnings and earning capacities of the parties. One of the most important factors, this is even more difficult when there is a self-employed person with a cash business involved.

Other important factors include the ages of the parties and the length of marriage. Obviously, courts will hesitate to grant alimony when the parties are very young or have been only recently married.

Marital fault, such as adultery or spousal abuse, is an additional factor among the seventeen. It must be properly raised within the divorce proceedings, however, and Judges retain the power to decide whether it’s significant for alimony purposes.

Equitable Alimony
A different type of alimony is known as "equitable alimony", which refers to monthly payments of alimony designed to compensate the recipient spouse for the lack of marital property or income needed to satisfy past joint debts.

Spousal Support
Alimony should not to be confused with spousal support or alimony pendente lite. The former refers to temporary spousal payments when there has not yet been a divorce filed. Alimony pendente lite refers to payments made to the financially dependent spouse during the course of divorce proceedings (which could last 2-3 years or more).

In conclusion, the issue of alimony is a complicated one precisely because the Judge has so much discretion in deciding to award it. While alimony is not granted in every case, nevertheless, it remains an important tool for family courts. Finally, this article is not a substitute for the advice of legal counsel to examine the specific facts of a case.