Factors Considered by the Court in Determining Alimony

A couple filing for a mutual consent no-fault divorce may ask the court to decide on whether alimony is needed if the couple cannot come to a decision. If asked, the court will determine whether alimony is necessary, and also the nature, amount, duration and manner of payment. The factors the court weighs in making this determination include:

1. Relative earnings and earning capacities of the spouses.

2. Ages and physical, mental and emotional conditions of the parties.

3. Sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits.

4. Expectancies and inheritances of parties.

5. The duration of the marriage.

6. Contribution by one party to the education, training or increased earning power of the other party.

7. The extent to which earning power, expenses or financial obligations of a party will be affected by reason of serving as the custodian of a minor child.

8. The standard of living of parties established during the marriage.

9. 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.

10. Relative assets and liabilities of the parties.

11. Property brought to the marriage by either party.

12. Contribution of a spouse as homemaker.

13. The relative needs of the parties.

14. Marital misconduct of either party during the marriage (but not after separation).

15. Federal, state and local tax ramifications of alimony.

16. Whether the party seeking alimony lacks sufficient property, including but not limited to personal property distributed pursuant to the divorce, to provide for that party's reasonable needs.

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

Enforcement of Alimony

Courts can enter an order for alimony for either a specific period of time or an indefinite period of time as long as this time period is reasonable given the circumstances of the parties. When a court orders alimony, that order can be changed by the court at a later date if either party has a change in income.

An alimony agreement made by a couple (not ordered by the court) and incorporated into the Divorce Decree may be enforced by the court, but not modified by the court unless both parties have agreed that the court may do so.

The court has the power to attach wages and seize property in enforcing an alimony order. If there is no express agreement to the contrary, alimony obligations end when the party receiving support remarries or if that party cohabits with a member of the opposite sex who is not a close relative. The death of either party ends the obligation of alimony. The court may modify an alimony order if the circumstances of either party change substantially.

"Rehabilitative" Alimony

In Pennsylvania, courts try to provide what is known as "rehabilitative" alimony - payments made for a period of time sufficient for the party receiving the payments to get enough training or education to become self supporting.

However, if the parties have been married for a long period of time and one of the parties has remained at home as a homemaker or makes significantly less than the other party, it may be extremely difficult for that party to enter the work force or become completely self supporting. In such circumstances, the court may be inclined to provide for indefinite alimony until the party receiving alimony remarries or dies.