Can Alimony or Spousal Support Be Awarded in Harrisburg, Pennsylvania?
Although you may not be the breadwinner, nobody should remain in an unhappy marriage for fear of financial ruin. While a court may award alimony to the lower-earning spouse following a divorce, it is not guaranteed. Although alimony may be awarded in the short term, the court generally wants to see that the receiving spouse is taking practical steps to eventually become self-sufficient.
Keep reading to learn what factors the courts consider in awarding alimony, as described by our Harrisburg, Pennsylvania divorce lawyers.
Calculating Alimony or Spousal Support in Harrisburg, PA
Alimony and spousal support are both forms of financial assistance that are provided to a dependent spouse. Spousal support is a form of assistance that may be available after a couple separates, but before divorce, alimony may be awarded after the divorce is finalized. Alimony and spousal support both serve to provide the lesser-earning spouse with financial resources so that he or she can maintain the same standard of living as during the marriage.
Pennsylvania Code stipulates that alimony is calculated by taking 33 percent of the higher-earning spouse’s monthly net income and subtracting 40 percent of the lesser-earning spouse’s monthly net income. Certain circumstances can affect the formula, like if the spouses have other debt obligations or own a home. For example, if the spouses have children, then the higher earner’s obligation will be reduced to 30 percent. This reduction takes into consideration that the spouse who earns more is likely to pay child support.
Factors the Court Takes Under Consideration
Several factors are taken into account when determining if an alimony award would be appropriate, as outlined in 37 Pa.C.S. §3701(b):
- The earning potential of both parties
- Age and physical health of both parties
- Each party’s source of income
- If either party expects to receive an inheritance
- Duration of the marriage
- Contribution of each party to the other’s education or job training
- Standard of living, which both parties have grown accustomed to
- Educational level of each party and what training would be needed for each party to acquire gainful employment
- Assets and liabilities of each party
- If either party brought property into the marriage
- Homemaker contributions
- Each party’s needs;
- If either party is guilty of marital misconduct
- Tax consequences of an alimony award.
Contact Our Harrisburg, Pennsylvania Divorce Lawyers Today
Ending a marriage can be devastating, forcing you to reassess your future. If you require financial support from your former spouse, our legal team is ready to assist you. At Purdy Law Office, we advocate for our clients’ needs, easing the transition during this challenging time.
Our personalized approach empowers clients to make informed decisions. While emotional healing is a difficult process, peace of mind can make the journey just a bit easier. If you are interested in learning how we can help, contact us online or by phone to schedule a consultation with one of our Harrisburg, PA, divorce attorneys.