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Could you qualify for alimony or spousal support after your divorce?

On Behalf of | Jul 16, 2024 | Divorce |

During marriage, both spouses rely on each other for support, but the divorce process can make their lives and finances uncertain. One way for people who earn less than their spouse to ease this transition is spousal support or alimony. What should you know?

What is the difference between spousal support and alimony?

In Pennsylvania, spousal support refers to court-ordered payments that one spouse makes to the other spouse after they separate but before they are divorced. These payments end when the marriage ends. Alternatively, a spouse may receive Alimony Pendente Lite to help them as they work through the divorce process.

One spouse may also receive post-divorce alimony after the court has finalized their divorce. Its main purpose is to help a spouse who cannot support themselves adequately due to their circumstances. This support may ease their transition into the next chapter of their life or provide financial support for many years after divorce.

It is also important to remember that decisions about alimony are not automatically a part of divorce. You must ask the court for this support.

What factors matter when determining if you will receive support?

In determining whether to grant spousal support, the court will consider many different factors, including:

  • Each spouse’s finances: The court assesses the actual earnings and potential earning capacity of both spouses. This includes their education, job skills and employment opportunities. It also includes their income.
  • Each spouse’s age and health: The physical, mental and emotional health of each spouse are crucial factors, particularly if one spouse’s health impacts their ability to work.
  • Each spouse’s property after divorce: The court considers any inheritances received by the spouses, as well as their individual assets, including property and investments.
  • How long the marriage lasted: Generally, longer marriages may result in longer periods of support, as the intertwining of the spouses’ financial lives is more profound.
  • The couple’s lifestyle during marriage: The lifestyle enjoyed by the spouses during the marriage sets a benchmark for what the supported spouse might expect to maintain post-divorce.
  • Each spouse’s education and training: This is especially important if one spouse has not worked for some time because it may take some time for them to get the training or education necessary to enter the workforce.
  • The non-monetary contributions made by a non-working spouse: The court will consider the contributions by a spouse as a homemaker or stay-at-home parent.
  • Parental responsibilities: The arrangement of custody and the presence of minor children can affect spousal support, particularly if one spouse is the primary caregiver.
  • Marital misconduct: Misconduct like adultery of abuse could influence the court’s decision.

These details may be part of determining not just if you will receive alimony or spousal support but also how much you will receive and how long that support will last. In some situations, you may receive spousal support until your marriage ends. In other cases, you may receive alimony to provide support as you get the education or training needed to re-enter the workforce. In still other cases, you may receive alimony for many years after your divorce.

Spousal support and alimony are based on your unique situation. Careful consideration and legal guidance can help you determine whether requesting spousal support or alimony can help you during or after your divorce.