Pennsylvania alimony is money one spouse pays the other after divorce, based on income, length of marriage, and standard of living during the marriage

In Pennsylvania, alimony (called "spousal support" in the law) is a court-ordered payment from one spouse to another after the marriage ends. The paying spouse is called the obligor; the receiving spouse is the obligee. Pennsylvania courts do not use a formula to calculate alimony the way they do for child support. Instead, a judge weighs 17 specific factors and decides what amount, if any, is fair.

Alimony is separate from child support and property division. You can receive alimony even if you have custody of children, and you can owe alimony even if you pay child support. The court looks at what you earned during the marriage, what each spouse can earn now, and how long you were married.

Key Takeaways

  • Pennsylvania courts consider 17 factors when setting alimony, including each spouse's income, age, health, length of marriage, and the standard of living you shared.
  • There is no set formula or calculator; judges have discretion to award alimony, deny it, or set any amount they believe is fair under the circumstances.
  • Alimony can be temporary (lasting until a specific date or event) or indefinite (lasting until death or remarriage of the receiving spouse).
  • Either spouse can ask the court to change an alimony order if circumstances change significantly, such as job loss or a major increase in income.
  • The paying spouse's obligation ends if the receiving spouse remarries or cohabits with another person in a romantic relationship.

The 17 Factors Pennsylvania Courts Use

When a judge decides whether to award alimony and how much, Pennsylvania law requires them to consider these 17 factors. No single factor controls the decision; the judge weighs them together.

The first group focuses on money: each spouse's income (from work, investments, pensions, and other sources), earning capacity (what each person could earn if they tried), and property each spouse received in the divorce. The second group looks at the marriage itself: how long you were married, your age and health when the divorce started, and the standard of living you maintained together. The third group examines what happened during the marriage: whether one spouse gave up education, career, or earning power to support the family, and whether one spouse contributed to the other's education or earning ability.

The judge also considers whether either spouse has custody of minor children (which affects ability to work), the tax consequences of alimony to each spouse, and any other factor the judge thinks is relevant. A judge might also look at whether one spouse caused the divorce through infidelity or abuse, though Pennsylvania law says this is not the main focus.

Temporary Alimony vs. Indefinite Alimony

Pennsylvania recognizes two types of alimony: alimony pendente lite and alimony. Alimony pendente lite is temporary support paid during the divorce process, before the final judgment. Once the divorce is final, the court can award alimony (sometimes called "permanent" alimony, though that term is misleading).

Indefinite alimony has no end date written into the order. It continues until the receiving spouse dies, remarries, or begins cohabiting with another person in a romantic relationship. A judge might award indefinite alimony in a long marriage where one spouse has little earning power and limited ability to become self-supporting.

The court can also award alimony for a set period—for example, five years or until the receiving spouse finishes a degree program. This is called limited-duration alimony. The judge might use this when the receiving spouse needs time to retrain or re-enter the workforce but is expected to become self-supporting eventually.

How Income Is Calculated

The court looks at each spouse's actual income and earning capacity. Income includes wages from employment, self-employment income, bonuses, commissions, rental income, investment income, pension payments, and Social Security benefits. The court typically uses the most recent tax returns and pay stubs as the starting point.

If one spouse is unemployed or underemployed (working part-time when they could work full-time), the judge may calculate alimony based on what that spouse could earn, not what they actually earn. For example, if you have a college degree and worked as an accountant but are now working part-time at a retail job, the judge might use your accountant's salary to calculate alimony, not your current retail wage. This prevents someone from deliberately reducing their income to avoid paying alimony.

Self-employed people must provide business tax returns, profit-and-loss statements, and sometimes bank records. The court may adjust reported income if it appears inflated or deflated for the purpose of the divorce.

When Alimony Ends or Changes

An alimony order ends automatically if the receiving spouse remarries or begins cohabiting with another person in a romantic relationship. The paying spouse does not have to ask the court; the obligation stops by law. However, the paying spouse should notify the court in writing and provide proof of the remarriage or cohabitation to avoid confusion about whether payments are still due.

Either spouse can ask the court to change an alimony order if there has been a substantial and continuing change in circumstances. Examples include a significant job loss, a major increase in income, a serious illness, or retirement. The spouse asking for the change must prove the change was not expected when the order was made and that it is substantial enough to justify a modification.

If the paying spouse retires, the court may reduce or end alimony, but retirement alone does not automatically stop payments. The judge will look at whether the retirement was voluntary, the paying spouse's age and health, and whether they have other income or savings. If you retire at 55 with a large pension and savings, a judge may not reduce your alimony. If you retire at 67 with modest income, the judge is more likely to reduce it.

Alimony and Taxes

As of 2019, alimony payments are no longer tax-deductible for the paying spouse, and the receiving spouse does not report alimony as income on their federal tax return. This is a major change from the old rule, which allowed the paying spouse to deduct alimony and required the receiving spouse to report it as income.

If your alimony order was finalized before January 1, 2019, the old tax rules may still explore to you. Check your divorce decree or ask a tax professional. If you modified your order after 2018, the new rules explore to the modified amount.

The tax treatment of alimony affects how much the paying spouse can actually afford to pay and how much the receiving spouse actually receives. When judges set alimony amounts, they may take this into account, though the law does not require them to.

What Happens If Someone Does Not Pay

If the paying spouse falls behind on alimony, the receiving spouse can file a motion for contempt of court. The judge can order the paying spouse to pay the back amount (called arrears), plus interest and attorney's fees. If the paying spouse continues to refuse payment without a valid reason, the judge can impose penalties, including jail time.

The receiving spouse can also ask the court to garnish the paying spouse's wages, seize tax refunds, or place a lien on property. Pennsylvania's Domestic Relations Section can help enforce alimony orders, though you may also hire a private attorney.

Frequently Asked Questions

Can I get alimony if my spouse makes more money than I do?

Yes. The court looks at the difference between your incomes, the length of your marriage, and your standard of living together. If you earned significantly less during the marriage and have limited earning power now, you may receive alimony even if you currently have some income. The judge will consider whether you can become self-supporting and how long that might take.

Does infidelity affect alimony in Pennsylvania?

Pennsylvania law says the judge may consider the conduct of each spouse, but it is not the main focus. Infidelity alone does not may provide that you will pay more alimony or receive less. The judge weighs it alongside the 17 other factors. Some judges give it little weight; others consider it more seriously.

What if my ex remarries after the divorce?

Your alimony obligation ends when ready if your ex remarries. You should notify the court in writing with a copy of the marriage certificate. If your ex remarries and you continue paying, you can ask the court to refund the payments made after the remarriage date, though you must act promptly.

Can I modify my alimony order if I lost my job?

You can ask the court to modify your order, but job loss alone does not automatically reduce or end alimony. You must show that the job loss was not your choice (or was unavoidable) and that it is substantial enough to justify a change. If you were laid off, you have a stronger case than if you quit. The court will also consider whether you are actively searching for new work.

Is alimony the same as child support?

No. Alimony is support for a spouse; child support is support for children. They are calculated separately, and you can owe both. Child support is based on a formula set by Pennsylvania law. Alimony has no formula and is based on the 17 factors. Child support ends when the child turns 18 or finishes high school; alimony ends when the receiving spouse remarries or dies.