Spousal Support Seasons in Pennsylvania
They say to everything there is a season. The same can be said for your divorce. There are three seasons to a divorce: pre-, pending, and post-divorce. Just as each season in life has its own set of characteristics, each divorce season has its own type of support.
When two people get married, their budgets and finances are generally combined allowing them to afford a nicer standard of living together as a whole. Unfortunately, when divorce is on the horizon, those finances are forced to separate which may leave one spouse with inadequate funds to support him/herself. The spouse whose financial situation is bleaker is generally referred to as the dependent spouse and may be entitled to some form of support.
Pennsylvania has three different types of support to assist the dependent spouse: spousal support, alimony pendente lite, and alimony. The type of support available to the dependent spouse is determined by how far along the dissolution of the marriage is in the divorce process. Spousal support pertains to the timeframe after separation, but before someone files a Complaint for Divorce; alimony pendente lite covers the time from when a Complaint is filed until the Order of divorce is granted; and alimony may be awarded post-divorce.
Pre-divorce support, spousal support or alimony pendent lite, is calculated by taking both spouses’ net incomes and applying the statutory formula to arrive at the support amount. If the statutory guideline amount is inadequate to meet the dependent spouse’s financial needs, the Judge may deviate from the formula and award a greater amount of support.
There is not, however, a formula to calculate alimony or post-divorce support. Section 3701 of the Pennsylvania Divorce Code lists seventeen factors for the Judge to weigh when determining whether alimony is necessary and in determining the nature, amount, duration and manner of payment of alimony.
Summary of Alimony Factors
After reviewing the factors, alimony is awarded only if a Court finds that alimony is necessary. In addition to determining whether alimony is necessary, the Court will also determine the duration of the support. Very rarely is alimony awarded for an indefinite amount of time. In fact, the general rule of thumb is one year of alimony for every three years of marriage. Once the Court finds that alimony is necessary, the Court will determine what kind of alimony to award. There are three types of alimony a Court may award: rehabilitative, permanent or reimbursement.
A Court may award rehabilitative alimony – alimony for a short amount of time – to empower the dependent spouse to complete any necessary training or education to assist in his/her transition back into the workforce. Permanent or durational alimony is awarded for a finite amount of time to help the dependent spouse transition into single life, while maintaining a standard of living similar to that established during the marriage. Lastly, reimbursement alimony may be awarded to a spouse who contributed to the education of the other spouse or the household while the other spouse was in school/training.
Although there are different types of support available depending on your current divorce season, the important thing to remember is that you may be entitled to or eligible for financial assistance before, during or after your divorce. Contact The Skeen Firm today at 724-550-6970 or info@theskeenfirm.com to discuss the specifics of your situation.
*Disclaimer: the advice provided is for informational purposes and is not intended as legal advice. It should not be relied on, nor construed as creating an attorney-client relationship.