The judges in Pennsylvania who determine whether soon-to-be ex-spouses will receive alimony must consider many factors — 17 of them to be exact. These factors help the judges determine who should pay alimony, if anyone, and how much should be paid.
The 17 factors are:
— The physical, emotional and mental conditions of each party and their ages.
— The earning capacities of each party.
— How long the couple was married.
— The income sources of each party, including benefits such as retirement, insurance or medical benefits.
— The expected inheritances of each party.
— How much one party has contributed to the training, education or increased earning power of the other party.
— The couple’s standard of living.
— Whether there are children involved.
— The liabilities and assets of each party.
— The education of both parties and how long it would take for the party seeking alimony to acquire the education needed to find employment.
— The contribution of one spouse as a homemaker.
— Whether any property was brought into the marriage.
— Each party’s relative needs.
— Whether there was marital misconduct.
— How an alimony award would affect the tax ramifications for each party.
— Whether the party seeking alimony lacks property to provide for his or her needs.
— Whether the party seeking alimony is not capable of finding gainful employment.
Alimony can be a contentious area in a divorce. If you believe you are due to receive alimony or if you do not believe you should pay alimony, an attorney can provide advice on how to proceed.
Source: legis.state.pa.us, “Chapter 37 Alimony and Support,” accessed April 24, 2017