Erie Alimony Lawyer

Alimony is the amount that is paid by one spouse to the other after the divorce is finalized. This difference from support which is money paid to support a spouse while the divorce is proceeding. This amount depends on many factors determined by the law beginning at Title 23, chapter 37 of the Pennsylvania Code.

Alimony and support determinations require careful analysis by family law attorneys

In Pennsylvania, when we talk about payments made from one spouse to another we are talking about three different concepts: Alimony, spousal support and alimony pendente lite.

In Pennsylvania, spousal support and alimony pendente lite have very similar meanings. These refer to payments made from one spouse to the other during the divorce and before it is final. Spousal support can be awarded before a divorce is filed if a couple is separated. Alimony pendent lite is awarded only after the divorce proceedings have begun. They are also different because there are more grounds to defend a claim for spousal support than there are for alimony pendente lite.

There is a formula for determining spousal support and alimony pendente lite. They are calculated based upon the support guidelines. These guidelines provide a formula that takes 40% of the difference between the paying spouse’s net monthly income and the recipient’s net monthly income if there are no minor children. If there are minor children, then the income differential is reduced by the amount of child support, and the result is multiplied by 30%. Usually the support or alimony pendente lite are combined with child support into one payment. These payments are taxable income to the receiving spouse and deductible by the paying spouse.

Pennsylvania is unique in using mandatory guidelines to determine spousal support. This allows the parties to know what to expect and allows attorneys to better predict for their clients how much payments will be.

There are no guidelines to determine the amount of alimony is to be paid under Pennsylvania law. The court must rely on criteria listed in Pennsylvania law to determine the amount if the parties are unable to agree.