Which Spouse Pays Alimony?

Pennsylvania courts do not pre-determine which spouse will be subject to paying alimony to the other spouse. Similar to their method of choosing how much a spouse will pay in alimony, the courts examine the same 17 factors to determine which spouse will need to pay.

These factors are evaluated:

1. Earnings or earning capacities, meaning all income from each party, individually.

2. Age plus physical, mental, and emotional conditions of the parties;

3. Sources of income, including health benefits, retirement accounts, insurance, and any other benefits;

4. Expectancies and inheritances of either party, meaning how much they expect to inherit from any family members;

5. Duration of the marriage;

6. The contribution of one party to the education, training, or increased earning power of the other party; think amounts paid in tuition for schooling or training which is required to secure a job of a certain pay grade;

7. The extent of the financial obligations to be affected by either party in terms of costs related to child custody;

8. Standard of living established during the marriage;

9. Education level of both parties;

10. Assets and liabilities of the parties, more simply the value of property/accounts or debts each party is taking when leaving the marriage;

11. Property brought into the marriage by either party;

12. Contribution of a spouse as a homemaker;

13. The relative needs of the parties;

14. Any marital misconduct of either party;

15. Federal, state, and local tax implications;

16. Whether the spouse seeking alimony has property to provide for their own sufficient needs and 

17. Whether the spouse seeking alimony is capable of self-support in terms of employment.

Typically, the courts require one spouse to pay alimony to the other spouse after a divorce to support the spouse who may be unable to support themselves or any of the spouse’s children after the divorce. The courts weigh these 17 factors in determining whether a spouse is substantially burdened by the divorce and needs financial help to continue with life.

So there is no formula to determine which spouse must pay alimony. Each situation will vary, and the determination is entirely at the court’s discretion. In preparing for a ruling on who will pay alimony, it would be good to collect the relevant documents that the court may need to rule in your favor based on the above factors.

*Disclaimer: this article is for informational purposes only. It is not providing legal advice. It does not create an attorney-client relationship.