What Is Alimony?

Alimony is the traditional term used to describe post-divorce payments granted to a lesser-earning spouse. Pennsylvania courts have broad discretion in awarding alimony, and various types of alimony exist in the Commonwealth. If you have questions about whether you must pay or are owed alimony or spousal support, contact a Berks County alimony attorney to discuss your rights.

Types of Alimony in Pennsylvania

Although the terms are normally interchangeable, alimony and spousal support are different in Pennsylvania. Courts in Pennsylvania are not required to grant one party alimony or support and may only do so if the judge finds the payments are necessary. If financial need is shown, the family judge may award the lower-earning spouse one of the following types of financial support:

Spousal Support

In PA, spousal support is the term used to describe payments made by one spouse to the other after a legal separation but before divorce proceedings are filed. You may request spousal support if you are innocent of any wrongdoing causing the marital breakdown and are the lesser-earning spouse. This is generally calculated using a specific mathematical formula that subtracts a certain percentage of the lower-earning spouse’s net income from a percentage of the higher-earning spouse’s net income. A spousal support lawyer can help calculate your entitlements and obligations following a legal separation.

Alimony Pendent Lite

This temporary alimony is granted to one spouse between when the divorce is filed and when it’s finalized. It is generally available if one spouse, typically the spouse who stayed home with children, relied on the other spouse’s financial support during the marriage. It may also include legal fees and court costs.

Alimony

Traditional alimony is granted as part of the final divorce order and may be temporary or open. Temporary or rehabilitative alimony is generally granted to the lower-earning spouse to help her re-establish herself in the workforce, which may include going to school or preparing to return to full-time work. Long-term alimony awards with no set expiration date are generally only granted in cases where the parties have been married for a significant amount of time, and one spouse sacrificed his or her career to care for shared children.

Factors Used for Calculating Alimony Payments in Berks County

Alimony is not automatic in Berks County. Instead, the court will consider the following legal factors related to the parties in determining whether alimony should be awarded and, if so, how much:

• Earnings and earning capacities
• Age and health
• Sources of income and benefits
• Duration of the marriage
• Contributions to the marriage
• Standard of living
• Education
• Assets and liabilities
• Marital misconduct (abuse or adultery)
• Tax consequences
• Financial need
• Homemaking contributions

An experienced divorce attorney can help you understand your rights and fight for the best financial outcome in your case. Do not destabilize your financial future by agreeing to unsustainable alimony just to end divorce proceedings.

Contact a Knowledgeable Berks County Alimony and Spousal Support Attorney Today

Because spousal support and alimony are discretionary matters for the court involving complex mathematical calculations and personal considerations, you need an experienced alimony lawyer from Feeman Law Offices on your side. We can help parties understand their rights and negotiate fair alimony settlements or, if necessary, fight for your best interests in court. Contact our family legal team today by calling (717) 273-1763 or contact us online to schedule an alimony consultation.