Alimony in Pennsylvania

Alimony rules in Pennsylvania

• The court may award alimony after the divorce only if it finds alimony is necessary, and sets its nature, amount and length by weighing factors such as earnings, ages and health, length of marriage, standard of living, custody of children and marital misconduct.
• No formula for post-divorce alimony (temporary spousal support and alimony pendente lite use the support guidelines). 23 Pa.C.S. 3701.

Good to know

Marital misconduct doesn't affect property division, but it is an alimony factor. (23 Pa.C.S. 3502, 3701)

Alimony and property in Pennsylvania

Alimony is decided separately from how property and debts are divided.

System

Equitable distribution

The rule

If either spouse asks, the court divides marital property fairly, without regard to marital misconduct, using factors like length of marriage, income, earning ability, contributions (including as homemaker) and the needs of each spouse.

How to ask for alimony in Pennsylvania

1. Ask for it in your divorce papers

   You ask for alimony in the divorce case itself, in your petition or in your response to your spouse's petition. Use the court's official divorce forms: Divorce forms (Pennsylvania courts)

2. Pay the fee or ask for a waiver

   Can't afford it? Petition to Proceed In Forma Pauperis (Pa.R.C.P.

3. Agree, or let the judge decide

   If you and your spouse agree, put it in your written agreement; if not, the judge decides. Not required statewide; some counties require a custody orientation or mediation session by local rule.

4. Get it in the final decree

   Spousal support is ordered in the decree. Get a certified copy and keep it.

Questions about alimony in Pennsylvania

More about divorce in Pennsylvania

• All Pennsylvania divorce laws
• Uncontested divorce in Pennsylvania
• Divorce timeline estimator for Pennsylvania
• Divorce checklist for Pennsylvania
• Community property states
• Uncontested divorce: how it works

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