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Alimony Practice in Pennsylvania

Alimony Practice in Pennsylvania:  Who is Eligible?

The general rule is that alimony is not a given, but is something that the court can award if it finds that such an award is “necessary.”  Given the vagueness of the term, it is helpful to examine the factors that go into determining whether alimony is necessary, and in calculating the amount of alimony.  Under Pennsylvania law, the following factors are relevant:

·         The relative earnings and earning capacities of the parties

·         The ages and the physical, mental and emotional conditions of the parties.

·         The sources of the 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 capacity 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 the 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 a homemaker

·         The relative needs of the parties.

·         The marital misconduct of either party.

·         The Federal, State, and local tax ramifications of the award.

·         Whether the party seeking alimony lacks sufficient property.

·         Whether the party seeking alimony is incapable of self-support through appropriate employment.

As you can see, there are many factors that go into determining the length and amount of alimony.  Do not leave this determination to chance.  Consult with qualified counsel in your area