Alimony

Alimony is an amount of money paid for the maintenance of a spouse pursuant to a divorce decree or agreement that survives the issuance of a divorce decree. The court may award alimony for a definite or indefinite period of time in situations where the court deems that alimony is necessary.

Two types of Alimony

Alimony Pendente Lite

Alimony pendente lite is an amount of money paid to a spouse to allow that spouse to sustain himself or herself during the course of the litigation. Alimony pendente lite terminates upon the end of the litigation.

Permanent Alimony

Permanent alimony is an award providing for the periodic payment of money at predetermined intervals to be paid for an indefinite period of time. Permanent alimony may terminate upon the remarriage of the recipient or the death of either party. Some states permit a termination of permanent alimony when the recipient spouse is cohabiting with a member of the opposite sex who is not related to the recipient by blood or marriage.

What Does the Judge Consider When Making an Award of Alimony?

The Judge, who will determine the nature, amount, duration, and manner of alimony payments, will take these things into consideration:

Relative earnings and earning capacities of the parties, expectancies, inheritances, and sources of income, including benefits;

The ages and the physical, mental, and emotional conditions of the parties;

The duration of the marriage, and the standard of living established during marriage;

The contribution by one party to the education, training, or increased earning power of the other party, and the contribution of a spouse as homemaker;

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;

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;

The relative assets and liabilities and the relative needs of the parties;

The property brought to the marriage by either party;

Marital misconduct of either of the parties during the marriage; however, the marital misconduct of either party from the date of final separation is not considered;

The federal, state, and local tax ramifications of the alimony award;

Whether the party seeking alimony lacks sufficient property to provide for the party's reasonable needs; and

Whether the party seeking alimony is incapable of self-support through appropriate employment.

Modification of Alimony

An alimony award may be modified, terminated, or suspended upon a showing of changed circumstances of either party of a substantial and continuing nature.

Enforcement of Alimony Awards

Alimony awards, like any other orders of the court, may be enforced by filing a petition to hold the party who is not complying with the order of court in contempt of court. The court may subject the noncomplying party to contempt sanctions. Those contempt sanctions include:

Imprisonment for a period not to exceed six months;

Judgment against the noncomplying party;

The taking and seizure of real estate of the noncomplying party;

Attachment of the wages of the noncomplying party;

Requirement of security to insure future payments; and

Payment of reasonable counsel fees and costs by the noncomplying party.

Additionally, courts will intercept tax refund checks of the non-complying party and apply the funds toward the payment of alimony.

The information presented on this web site does not constitute legal advice. No attorney-client relationship has been created. Readers are strongly encouraged to contact the firm for professional advice before making any decision of a legal nature. Family Lawyer Service is licensed in the Commonwealth of Pennsylvania.