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The Pennsylvania Alimony Statute

Chapter 37, Title 23 of the Pennsylvania Consolidated Statutes establishes the statutory basis for spousal support. The Pennsylvania courts of common pleas has jurisdiction over family law cases. Pursuant to Title 23, Pennsylvania judges can order temporary alimony for rehabilitative purposes or permanent alimony for ongoing support. Pennsylvania spouses may receive alimony if a court finds it necessary and they request it before a court issues a final divorce decree.

  1. Overview

    • In deciding whether alimony is necessary, Pennsylvania law requires judges to review the Consolidated Statutes when a spouse requests spousal support. The statute sets forth the factors that judges must consider when awarding alimony. The commonwealth of Pennsylvania follows the common law equitable distribution doctrine of property division, and judges will attempt to divide marital property equitably.

    Pennsylvania Alimony Law

    • Although Pennsylvania judges have the discretion in awarding alimony, they must first find that alimony is necessary, and that a spouse requesting it is financially unable to financially support himself. If a court finds that alimony is necessary, a court can order permanent, temporary or compensatory alimony. Under Pennsylvania law, all types of alimony awards end upon death, remarriage or cohabitation. If a spouse receiving alimony remarries, the spouse paying alimony can terminate support. Similarly, if a spouse receiving alimony begins cohabiting with a nonfamily member of the opposite sex, alimony ends. Alimony also terminates upon the death of either party.

    Types of Alimony

    • Rehabilitative alimony allows a spouse requesting alimony to pursue an education or look for employment, and alimony ends when she can support herself. Judges can award compensatory alimony to a spouse if they find that doing so would be in the interests of justice. Reasons for awarding compensatory alimony include insufficient marital property or inequitable division of marital property. Judges award permanent alimony if they find that a spouse will most likely be unable to support himself permanently. Typically, judges will not award permanent alimony to spouses who were married for a short duration, as determined on a case-by-case basis.

    Statutory Considerations

    • The Pennsylvania Consolidated Statutes require that judges consider at least 16 different factors when deciding whether to award alimony. Judges must consider the relative earning capacity of each spouse, each spouse's physical and emotional condition, each spouse's separate property, the division of marital property and the spouses' marital standard of living before divorce. Furthermore, judges must consider the duration of the marriage, the debts between spouses, the nonmonetary and monetary contributions of each spouse and tax implications. Courts may also consider marital misconduct before the date of separation, including mental or physical abuse, adultery and abandonment.

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