Alimony can help a spouse transition after divorce, but Pennsylvania courts don’t always award it. Courts have discretion in whether one spouse should receive support, how much to award, and for how long. Plus, there are a few situations where you or your spouse could be disqualified from receiving alimony.
How Alimony Works in Pennsylvania
Alimony is financial support one spouse pays to the other after the divorce is finalized. It’s different from spousal support, which is support during separation, or “alimony pendente lite,” which is temporary support after divorce papers have been filed but before it’s finalized.
A judge can award “reasonable” alimony if they find it’s “necessary.” Judges review 17 factors to decide whether alimony should be granted. These include:
- The earning capacities, income, and resources of each spouse
- The age and health of each spouse
- The length of the marriage
- Contributions to the marriage, including homemaking or stay-at-home parenting
- The standard of living during marriage
- The property each spouse receives in the equitable distribution process
- Whether one spouse supported the other’s education or career
- Any misconduct that affected either spouse’s economic condition
The law doesn’t guarantee alimony, however. Even if you were in a long marriage and you earned much less than your spouse, a court still has to decide that alimony is both reasonable and necessary under the circumstances.
When Courts Might Deny Alimony
You can be denied alimony if the court believes you can support yourself after the divorce. Judges will look closely at your earning capacity, not just your current income. If you have marketable job skills, education, or training, the court might decide you don’t need ongoing support.
Receiving a significant share of marital property during equitable distribution can also affect alimony decisions. If you receive assets that provide income or security (like real estate or investments), the court may find that you don’t need additional financial support.
Another reason alimony can be denied is if the marriage was very short. A brief marriage usually means less financial interdependence.
How Misconduct Can Affect Alimony
Pennsylvania law allows judges to consider “marital misconduct” that happened before the date of separation when deciding whether to award alimony. Misconduct after separation generally doesn’t count. This can include behavior like abuse or infidelity.
Misconduct alone doesn’t automatically disqualify someone from receiving alimony, but it can influence the decision—especially if it harmed the other spouse’s financial or emotional well-being during the marriage.
Remarriage or Cohabitation After Divorce
Even if you qualify for alimony at the time of divorce, certain life changes can disqualify you from continuing to receive it. Alimony automatically ends if the receiving spouse remarries. It also terminates if the receiving spouse moves in with an opposite-sex partner who is not a relative. The paying spouse can petition the court to end alimony if this happens.
These rules don’t apply to spousal support or alimony pendente lite during the divorce process. They apply only after the divorce is finalized and alimony has been awarded.
Talk With a Pennsylvania Divorce Attorney About Your Options
Alimony decisions are highly fact-specific. No single factor automatically disqualifies someone in every case. Working with an experienced divorce attorney in Pennsylvania can help you work toward a fair outcome as you move forward.
If you have questions about whether you may qualify for alimony or whether your spouse might be barred from receiving it, we can help. The Law Offices of Dawn K. Gull has more than 25 years of experience helping clients navigate divorce, property division, and alimony issues in Pennsylvania. Contact us to learn more.