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Determining Alimony Awards During Divorce Proceedings

Alimony is a hybrid concept combining support and property distribution. Like Spousal Support or APL, it is typically paid upon a monthly basis. It is also typically a part an Equitable Distribution award, or agreement.

Alimony is a post-divorce, long term payment from one former spouse to another. Where Spousal support and Alimony Pendente Lite are paid by one spouse to another during the course of divorce proceedings, or before they have began, Alimony typically begins upon the entry of a Divorce Decree.

An Alimony award can be agreed to by the parties as part of a Marriage Settlement Agreement or it can be awarded after an Equitable Distribution hearing. Alimony is based upon a wide range of factors including, but not limited to, the earning potential of the respective parties going forward, the distribution of marital property, the living standards of the parties during the marriage and if one party or the other is determined to be at fault for the dissolution of the marriage. These are the factors identified in 23 Pa. C.S.A. §3502.

How long does Alimony last?

Alimony can be indefinite, but is usually set for a finite period of time. Further, Alimony will typically cease upon the subsequent marriage of the party receiving the Alimony. Alimony is not considered a penalty, but is considered part of the larger equitable distribution paradigm based on the parties accumulated assets, length of the marriage and the other factors identified in 23 Pa. C.S.A. §3502.

Alimony should be considered one part of the larger concept of Equitable Distribution and not necessarily a stand alone concept. It is useful especially in situations where one spouse, or the other, has a high earned income and the other spouse contributed to high earner’s education or training or otherwise contributed to the marriage in other areas other than income production. It can also be a tool to be utilized where there may be assets that are either difficult to value or difficult or impracticable to liquidate.

Alimony is typically a very contentious issue and though it can be agreed upon, it rarely is and will usually be awarded as the result of an Equitable Distribution hearing where a Master or Judge applies the factors identified in 23 Pa. C.S.A. 3502 and make an award.

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