No one set of circumstances triggers an award of alimony. The Pennsylvania Divorce Code lists seventeen factors a court must examine before determining whether or not to award alimony, or for how long.
Under 23 Pa. C.S. §3701, Alimony, a court must examine the following factors:
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 income 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 homemaker.
13. The relative needs of the parties.
14. The marital misconduct of either of the parties during the marriage.
15. The Federal, State and local tax ramifications of the alimony award.
16. Whether the party seeking alimony lacks sufficient property, including, but not limited to, property distributed under Chapter 35 (relating to property rights), to provide for the party’s reasonable needs.
17. Whether the party seeking alimony is incapable of self-support through appropriate employment.
If you are in a situation where you may be facing divorce and alimony, it is critically important that you talk with experienced family law attorney.
At Amori & Associates, LLC, the experienced family law attorneys Victoria A. Strunk and Robert A. Saurman would be happy to discuss your situation. Please contact Amori & Associates at (570) 421-1406 for a no obligation consultation.