Request My Consultation

You've got questions?

We've got answers!**

Send My Info

Does Alimony Exist In Pennsylvania?

Posted By Attorney Jim Cairns || 29-Jan-2013

Before you start writing out your marital settlement agreement, even in a cheap uncontested divorce, you may have a few questions about alimony as it pertains to the state of Pennsylvania. The number one question has been does alimony exist in the state of Pennsylvania. The quick answer is yes.

There are two types of alimony which are available to divorcing spouses. Alimony pendente lite is support for the spouse after separation, but before the uncontested divorce is finalized. This type of alimony was created as a safety net so an individual can maintain his or her standard of living during an uncontested divorce. Alimony pendent elite is also known as temporary spousal support.

Divorcing individuals are financially protected under the laws of Pennsylvania. The laws state that when two people enter into a marriage they enter into a union of economic interdependence. The reasons for this type of protection span the fact that one spouse may be a "stay at home parent" or may be supporting a spouse through educational training, thereby making a personal sacrifice to their own career.

When negotiating your own martial settlement agreement, keep in mind there are two types of alimony options available to you and your spouse. You can decide to have permanent alimony or rehabilitative alimony. Permanent alimony means that the paying spouse supplies his or her partner with lifelong income.

The other option is rehabilitative alimony. During the pendency of a Pennsylvania uncontested divorce, a spouse may not have skills, income or job which will let him or her be self-sustaining. Rehabilitative alimony gives a spouse the opportunity to become financially independent (for example acquiring new job skills) and the alimony would stop once he or she reaches economic independence.

Be aware of tax implications of alimony. Alimony is taxable to the receiver of the alimony and the payer may be able to use payments as tax deductions.

Negotiating your own terms for alimony in your marital settlement agreement can save you money and time. There is no set formula in Pennsylvania courts for how alimony is determined. Several factors are taken into account and the process can be time consuming.

Make sure to have your marital settlement agreement finalized and before your uncontested divorce is complete. After your uncontested divorce is finalized, backtracking to get alimony is very difficult.