Timothy F. Rayne, Esquire

Alimony is support paid after divorce by one former spouse to the other. Its purpose is not to reward one party and punish the other, but to ensure that the reasonable needs of the spouse who is unable to support his or herself through appropriate employment are met. In Pennsylvania, a couple has two options to determine alimony awards. The couple can reach a private agreement regarding alimony or the court, after reviewing numerous factors, has the discretion to determine whether alimony is necessary and, if so, to fashion an award of an appropriate amount and length of time.

Determining the Amount and Duration of Alimony
The amount and duration of alimony is based upon the reasonable needs of the spouse in accordance with the lifestyle and standard of living established by the parties during the marriage, as well as the payor's ability to pay. Alimony can be either agreed to between the parties and provided for in the divorce Property Settlement Agreement or determined by the court through litigation. The following are 17 factors that the Divorce Code requires the court to consider when addressing the issue of alimony:

1. The relative earnings and earning capacities of the parties;
2. The ages and the physical, mental and emotional conditions of the parties;
3. The sources of both parties, including, but not limited to, medical, retirement, insurance or other benefits;
4. The expectancies and inheritances of the parties;
5. The duration of the marriage;
6. The contribution by one party to the education, training or increased earning power of the other party;
7. The extent to which the earning power expenses or financial obligations of a party will be affected by reason of serving as the custodian of a minor child;
8. The standard of living of the parties established during the marriage;
9. The relative education of the parties and the time necessary to acquire sufficient education or training to enable the party seeking alimony to find appropriate employment;
10. The relative assets and liabilities of the parties;
11. The property brought to the marriage by either party;
12. The contribution of a spouse as a homemaker;
13. The relative needs of the parties;
14. The marital misconduct of either party during the marriage and before final separation;
15. The tax ramifications of alimony;
16. Whether the party seeking alimony lacks sufficient property to provide for his or her reasonable needs; and
17. Whether the party seeking alimony is incapable of self-support through appropriate employment.

Modification and Termination of Alimony
Court-ordered alimony can be modified based upon changed circumstances of either party of a substantial and continuing nature. Remarriage or cohabitation of the party receiving alimony shall terminate an award of alimony that was ordered by the court. Sexual relations standing alone do not constitute cohabitation. Cohabitation is demonstrated by financial, social and sexual interdependence where the parties actually reside together in the manner of husband and wife. Agreements between the parties for the payment of alimony may not be modified or terminated without such a provision in the parties' Property Settlement Agreement.

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