Leaving an unhealthy marriage is often easier when alimony is an option. Alimony, also referred to as spousal maintenance, refers to financial support that one partner pays to the other after the divorce. Courts award alimony in cases where such support is necessary to ensure that the less well-off spouse is able to maintain a certain degree of financial health. Until 1980, Pennsylvania did not have divorce laws providing for alimony. Today, either the filing spouse or the opposing spouse may request alimony.
Background
In Pennsylvania, spouses can seek a no-fault divorce based on "irretrievable breakdown," also known as irreconcilable differences, if they have been separated for at least two years. If spouses do not want to wait two years, they must file for divorce with fault grounds. Grounds recognized in Pennsylvania are found in Title 23, Section 3301 and include adultery, cruelty, abandonment of one year, bigamy and imprisonment for two years. Spouses can seek alimony, no matter the grounds.
Considerations
Alimony is awarded if the court believes that one spouse will be unable to become immediately self-sufficient after the divorce. The court will consider several factors in order to determine the amount and duration of the alimony award. They include: (1) the length of the marriage, (2) each spouse's age and any health concerns, (3) each spouse's income and whether there is a capacity for increased earnings, (4) which spouse has custody of any children, (5) each spouse's assets and future inheritances, (6) the standard of living during the marriage, (7) each spouse's cost of living, and (8) either spouse's misconduct during the marriage, which has led to the divorce.
Time Frame
Alimony may be awarded on a short-term or permanent basis. Short-term alimony ends when the ex-spouse is financially able to provide for her own needs. Permanent alimony is awarded to a spouse who is considered permanently unable to work and support herself, either because of her age or because she suffers from some mental or physical illness.
Functions
Alimony is often "rehabilitative" in nature. It allows the recipient to support herself while preparing to reenter the work force, without undue financial and emotional stress. For example, a spouse is eligible for payments if she requires education or training in order to obtain employment.
Changes
An alimony order can be changed at any time. A court may modify the order if the requesting spouse can establish that she has experienced a "change in circumstances" and that the change is "substantial and continuing." For example, if the receiving spouse experienced a significant decrease in salary, she can request an increase in alimony. Likewise, if the owing spouse's income was lowered, he may request a decrease in alimony.
If alimony is temporary, it terminates on the date set by the court. However, temporary or permanent alimony can terminate prematurely upon the death of either spouse. Additionally, if the receiving spouse gets remarried she is no longer entitled to receive alimony payments.
