17 Mar 2023

Family Law
Spousal support, also known as alimony, can be a touchy subject. The idea of paying your soon-to-be ex-spouse money isn’t an attractive proposition. For some people, though, it’s necessary so both partners can survive post-divorce. Alimony was created when it was the norm for marital partnerships to be incredibly unbalanced. One partner was expected to work and provide money for the household while the other cared for the household. Divorce wasn’t completely available to many people in Pennsylvania until no-fault divorce was legalized in 1980. So now, years later, when it’s not always possible to have two working partners in a marriage, we still need spousal support and alimony. But how do courts decide who receives alimony and who pays? Under what circumstances do neither need alimony or does one partner not deserve it? The spousal support and alimony attorneys at Lermitte & Lubin, LLC can explain.

Who Gets Spousal Support?

Let’s tackle the most important question first. How do courts decide who receives spousal support and under what circumstances? First, the only one who can receive spousal support is the partner who earns less when the divorce was issued. It’s not impossible, but it's extremely difficult for a partner who begins to earn less than their other partner during the divorce process to get alimony. Partners who make less than their partner must show that they make significantly less and/or need financial assistance to provide for themselves. Providing for oneself is commonly recognized as meeting or being close to meeting one’s quality of life before the divorce.

Does Child Support Affect Spousal Support?

As of 2019, the rules regarding child support and spousal support have changed. Now, child support cannot be determined until after spousal support has been denied or approved and determined. This way, child support and spousal support can better focus on providing the financial support they are meant to provide. Child support is meant for the children, whereas spousal support is meant to allow the lower-earning partner to maintain their lifestyle. Regardless of lifestyle, both parents are responsible for taking care of their children unless one terminates their parental rights.

Does Someone Need to Ask for Spousal Support?

In Pennsylvania, spousal support is not mandatory, and because of that, it is not automatically a part of a divorce. If neither partner seeks spousal support, neither will receive it. If both partners sign a prenuptial or postnuptial agreement to not seek spousal support, this may bar them from trying to do so later on.

What Factors Affect Alimony?

Alimony is calculated similarly to child support. Several factors are taken from both partners’ financial and living situations to determine how much is needed. Calculations do their best to prevent the partner paying spousal support from lowering their standard of living to support their ex-spouse. At the same time, if it's believed that the paying spouse can fully support their ex-spouse with no undue hardship, courts have been known to do that. It all depends on these important factors:
  • Both partners’ earnings: The courts consider their earnings at the time of divorce. While they may take into account any changes, it's assumed that one partner who is not working will need to have started upon separation from their soon-to-be ex-spouse.
  • The physical and mental conditions of both parties: The court takes into account the ages of both partners and if they have any physical, mental, or emotional disabilities that they may need financial support to handle.
  • Sources of income: The court needs to know all sources of income for both partners. This includes medical, retirement, insurance, and any other benefits as well.
  • Inheritances: Whether or not either partner has received or expects to receive any inheritance affects how much spousal support one partner will be able to pay or receive.
  • Length of the marriage: The longer a marriage lasts, the more dependent one partner will become on the other. A shorter marriage may encourage less spousal support, for example.
  • Contribution of one party to another’s education: If one partner has put significant money towards one partner’s education, they may be less likely to receive spousal support or more likely to pay.
  • The standard of living during the marriage: If the income of one partner allowed for the standard of living of both partners, spousal support can be determined to be necessary to replicate that for the partner whose income couldn’t support it.
  • Education/degrees of both parties: Education plays a big role in a person’s ability to find employment. If one partner is without higher education, they may not be able to find employment if they were not working at the time of divorce.
  • Marital assets vs. personal assets: In a marriage, there are things you bought as a couple and things you owned before you were married. If you can prove you owned something before your marriage, the other partner can be blocked from trying to claim it. Some items can be personal even if you bought them during your marriage, but it would be harder to prove.
  • Marital misconduct: Actions that would allow for a fault divorce are taken into account. Actions like an affair or domestic abuse would be considered misconduct. Misconduct cannot lead to someone losing property they owned before the marriage, but it can keep someone from getting spousal support if they were the guilty party.

Contact the Alimony Attorneys at Lermitte & Lubin, LLC for Help

Divorce is not easy. If you believe you need alimony or need to avoid paying alimony to survive post-divorce, you have options. The alimony attorneys at Lermitte & Lubin, LLC have years of experience helping divorcing couples have relatively peaceful divorces and helping spouses in hostile ones. If you have children, we can also help with deciding child custody, visitation, and support. You do not have to go through this harrowing experience alone. Our attorneys can help. Contact us today.

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