3701(b): 1) The relative earnings and earning capacities of the parties. That said, Pennsylvania alimony law does provide a list of seventeen (17) factors for judges to consider. Some of the factors deemed relevant to an alimony determination include: Courts will consider all "relevant" factors to establish if alimony is necessary and to determine the: nature; amount; Alimony in Pennsylvania is usually awarded as rehabilitative or reimbursement alimony. (a) General rule.--Upon the request of either party in an action for divorce or annulment, the court shall equitably divide, distribute or assign, in kind or otherwise, the marital property between the parties without regard to marital misconduct in such percentages and in such manner as the court deems just after considering all relevant factors. 3701(b) 17 subjective factors a court may consider when deciding alimony issues. As stated above, Alimony is supposed to be calculated pursuant to a list of factors. The first, and most prominent, is that alimony will only be ordered in cases where the marriage lasted a number of years. Pennsylvania Alimony Factors. In the state of Pennsylvania, alimony is defined as monthly payments made from one spouse to another. Rather, the Pennsylvania state legislature has set forth in 23 Pa.C.S. Instead, it's purely discretionary with the court, and based on 17 factors listed in Section 3701 of the PA Divorce Code.A spouse who seeks alimony must specifically ask for it in court or negotiate it with their spouse through the meditation process, which is always … As it sounds, reimbursement alimony helps to pay back a spouse for helping with some major expense of the ex-spouse, often education. § 3502. Alimony in Pennsylvania. Pennsylvania Statutes Title 23 Pa.C.S.A Section 3701 (Alimony) Standard for Court Ordered Alimony. How Alimony is Calculated in Pennsylvania. Typically, the longer the marriage, the greater the case for alimony, assuming other relevant factors also exist. In general, the term alimony in Pennsylvania is a stipend a court awards to one spouse after a divorce. There are factors that play a part in determining whether monetary support should be awarded, how much and when. Alimony in Pennsylvania is determined by a number of factors but it is often calculated with the same formula. Pennsylvania uses guidelines to begin the process of determining alimony, but several factors could cause the amount to either go up or down. In Pennsylvania, no hard guidelines that dictate the exact amount of alimony that should be paid exist. Basic Calculations These factors include, among many others, the duration of the marriage, the actual earnings and earning capacity of each spouse, the standard of living enjoyed by each spouse during the marriage, and so on. In general, if there are no children in the marriage, the requesting spouse is entitled to 40% of his or her spouse’s income, minus their own income. 3. 1) How long do you have to be married to receive alimony in PA? Instead, when deciding whether to award alimony during divorce litigation, the court must consider these 17 factors, 23 Pa.C.S. Equitable division of marital property. Am I entitled to alimony in PA? Length of the marriage, albeit an important factor in the alimony statute, is but one of the 17 factors to be considered by the court. Such an award, however, is not always guaranteed. Factors that Play a Role. No, there is no entitlement to alimony in Pennsylvania. Many misconceptions exist regarding how spousal support is determined. Alimony – Payments made once the divorce is finalized for a set period of time per the divorce settlement; Spousal support and alimony pendente lite are calculated in the same way. Rehabilitative alimony is generally awarded for a fixed time period to give the receiving spouse time to receive training or otherwise become […] The alimony factors in PA are: (1) How much each of the spouses currently earn, and how much the spouses could possibly earn in the future; (2) The ages and general overall health of each spouse from both a physical and mental standpoint; There are no specific guidelines or calculations to determine alimony under Pennsylvania law. In practice, however, we have found that the courts in Pennsylvania either calculate Alimony pursuant to the same formula used for Spousal Support and Alimony Pendente Lite or apply a needs-based analysis. Where a divorce decree has been entered, courts may allow "reasonable" alimony to either party if it finds the alimony is necessary. Ex-Spouse, often education there is no entitlement to alimony in Pennsylvania is determined by number. 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