Alimony

Alimony is a court directed support settlement to the dependent spouse that will not begin until the divorce is completed. This is different than spousal support or alimony pendente lite which is support that is ordered before the divorce is finalized and is discontinued once the divorce process is completed.

When it comes to the details of alimony, there is no particular, evident procedure for determining whether alimony is justified. The specific circumstances of your case are taken into account in the decision making process to determine the amount of any alimony award and even the length of time that alimony will be paid.

The courts in Pennsylvania have to weigh several factors before they make their decisions about alimony. The factors that the court must consider when adjudicating a claim for alimony are:

• The relative earnings and earning potential of each party
• The ages and physical, mental and emotional condition of each party
• The sources of income of both parties, including medical, retirement,         
  insurance or other benefits
• The life expectancies and inheritances of each party
• The length of the marriage

• The contribution of one party to the education, training or increased earning ability 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 relative education of the parties and the time necessary to acquire sufficient education or training to enable thee party seeking alimony to find appropriate employment

• The relative assets and liabilities of the parties

• The property brought into 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 during the marriage.  However, the marital misconduct of either party (other than abuse of one party by the other) after the date of separation shall not be considered in determining an alimony award

• The Federal, State and local tax consequences of the alimony award

• Whether the party seeking alimony lacks sufficient property to provide for the party’s reasonable needs

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

An alimony award can be changed, suspended or dismissed if there has been a substantial change in the financial circumstances of either party that is forecasted to continue into the future. Alimony is automatically stopped when the receiving party remarries, or upon the death of the paying party or the receiving party starts living with someone of the opposite sex who is not a member of his or her family.

The entire procedure can be nerve-racking and complicated. That is why it's important to have an experienced attorney as your advocate. Stephen Barcavage can help you understand your rights and provide you with the representation that you need whether you are the paying party or the receiving party.