Making less money than your spouse does not automatically entitle you to spousal support. Pennsylvania courts will have to consider many factors first when determining if spousal support is necessary. These factors include:
- The current earnings of both spouses and their predicted earnings soon after the divorce.
- The ages of both spouses.
- Whether or not any physical, mental, or emotional conditions causes either spouse to need financial assistance.
- All sources of income either spouse are receiving. This includes medical, retirement, insurance, and other benefits.
- Any inheritance a spouse has received or knows they will receive.
- How long the marriage lasted.
- How much one spouse contributed to the education, training, or other form of increased earning power of the other spouse.
- Whether or not there are children in the relationship, and which parent has primary custodial custody.
- The standard of living during the marriage.
- Each spouse’s level of education.
- How long it should take the alimony-seeking spouse to find employment.
- The marital assets and non-marital assets of each spouse.
- The contribution of the spouse who was the homemaker.
- Any special needs one of the spouses may have.
- Any marital misconduct, such as adultery, abuse, or other criminal activity.
- The tax consequences of any alimony award to either spouse.
- The ability of the alimony-seeking spouse to support themselves.
After taking all of these aspects into consideration, they decide whether or not the alimony-seeking spouse needs to receive spousal support. Once the need for alimony is established, they calculate how much it should be.
How Do Courts Calculate Alimony?
There is no specific formula for determining alimony. They focus on the standard of living during the marriage and the paying spouse’s ability to pay spousal support. They can also require the paying spouse to cover the other’s medical insurance and uninsured medical expenses when considered appropriate.