Alimony:

In Pennsylvania, Alimony refers to the payments that are made from one spouse to the other spouse after the divorce process is complete and the divorce decree has been issued by the Court. The payments made to a spouse during the divorce action is called either Spousal Support or Alimony Pendente Lite. Unlike with Spousal Support, Alimony is not calculated using specific guidelines. Instead, there are 17 factors that the Court must consider in fashioning an award of alimony.

The most important factors when determining Alimony include the length of the marriage, the earnings of the parties during the marriage, the standard of living obtained by the parties during the marriage, and the future employability and income of each party. Another relevant factor that the Court will consider is the assets involved and the manner in which the marital assets are divided. If the party who would usually be entitled to alimony is given the majority of the marital assets, and is provided with assets which are income-producing, then they might not have as great of a need for alimony. Conversely, if the party seeking alimony is given assets which have little value and will not produce income for them, then they are more likely to receive a generous alimony award. Deciding upon the proper Alimony in any case takes careful analysis of the facts involved.

There are a few types of Alimony in Pennsylvania, and they reflect different needs and factors in their application: “Permanent Alimony” provides a consistent income to a spouse who is unemployable due to old age, disability, or lack of education and work experience. “Rehabilitative Alimony” is paid to a spouse in order to enable the spouse to resume an education and obtain skills and knowledge which will help them obtain financial independence. “Reimbursement Alimony” repays a spouse who supported the family while their spouse earned a professional degree or built a successful business.

If you are involved in a divorce, or are considering filing for divorce in Chester County, it is essential that you have a realistic expectation regarding the issue of Alimony. A proper estimate of the amount and term of Alimony can only be made after an attorney analyzes all the factors that affect an award of Alimony. I encourage you to call my office today to schedule a Free Initial Consultation so that we can discuss the various aspects of your case, including Divorce, Alimony, and Child Custody. I offer competent, reasonable legal advice to clients throughout Chester County with an office located in West Chester.