How Much Alimony Can I Expect to Receive?
There is no exact formula for calculating how much you may receive from a former spouse through alimony. In Pennsylvania, courts have the power to determine how much one is required to pay in alimony and thus how much you will receive.
There is no exact formula for calculating how much you may receive from a former spouse through alimony. In Pennsylvania, courts have the power to determine how much one is required to pay in alimony and thus how much you will receive.
Courts look at several factors to determine how much you may be entitled to. They weigh factors relevant to both you and your former spouse throughout the marriage. A perk for someone receiving the alimony payment is that the court also considers how a former spouse's future life may be affected because of the divorce.
Additionally, courts look into how long the spouses were married, how much they brought into marriage, any marital misconduct, the established standard of living, and many other factors.
Another important factor most people associate with alimony payments is income or earning capacity. Earning capacity is not always how much a person is making but how much that person could be making considering their age, education, experience, etc. Courts will look at someone’s earning capacity if that person is underemployed or intentionally decreasing his/her income.
When it comes down to determining exactly how much you may receive, there is no clear-cut answer. After all, the discretion is left up to the court. That said, you may be more prepared based on some of these factors that courts consider.
In an attempt to avoid being blindsided by how much alimony you may (or may not) receive, evaluating these factors may be beneficial. Collecting information on your part in preparation for litigation, will save you time later on.
Just remember that the court makes the ultimate decision regarding the amount of alimony. There is no clear-cut rule requiring simple math. Instead, it is actually much more complicated and may require more time and effort to figure out than you may be anticipating.
*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.
What happens if I don’t pay my alimony?
If you owe alimony to your former spouse and fail to pay, you will still have to make that payment in the near future. If you fail to make the alimony payment on time, then you are considered to be in arrears and/or in contempt. This means you are behind on paying the amount of alimony owed. This balance will not automatically disappear. Instead, you will be obligated to make any missed and current payments until you are all caught up on payments.
If you owe alimony to your former spouse and fail to pay, you will still have to make that payment in the near future. If you fail to make the alimony payment on time, then you are considered to be in arrears and/or in contempt. This means you are behind on paying the amount of alimony owed. This balance will not automatically disappear. Instead, you will be obligated to make any missed and current payments until you are all caught up on payments.
If you continue to miss making alimony payments to your former spouse, you could be subject to additional consequences, some more serious than others. Courts are legally allowed to do a few things that you will dislike. This includes authorizing any goods and chattels to be seized and taken from your possession.
The court can take and seize any collection of rent or profits from real estate property you own. Additionally, they can require security to ensure that future payments will be made. The court may also award interest to your spouse on any unmade payments or hold you in contempt of court for failure to willfully make an alimony payment. The court will first require that you be brought before the court, and they will conduct a hearing.
You are technically violating a court order if you are not making alimony payments. Failure to comply with a court order may lead to being found to be in contempt of court. If you can afford to pay and don’t just because you do not want to pay it, you could be held in contempt. If you are found to be in willful contempt of court, you may be sentenced to imprisonment until you provide the alimony payment. Some jail sentences can be up to six months, but imprisonment is unlikely.
If your former spouse has to seek assistance from the court to force you to make your alimony payments, the court may also award counsel fees and costs to be paid to your former spouse. In this case, you will be responsible for paying any missed payments of alimony, the current payment for alimony, and your former spouse's attorney.
You may be able to modify the court order for alimony payments if a major life change has affected your ability to pay. If this is the case, seek relief from the court immediately because once the payment becomes due, you will owe your former spouse that payment.
The repercussions for failure to make an alimony payment are not pretty. The longer you wait to make a payment, the more at risk you become of losing more than just money out of your pocket.
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.
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:
Earnings or earning capacities, meaning all income from each party, individually.
Age plus physical, mental, and emotional conditions of the parties;
Sources of income, including health benefits, retirement accounts, insurance, and any other benefits;
Expectancies and inheritances of either party, meaning how much they expect to inherit from any family members;
Duration of the marriage;
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;
The extent of the financial obligations to be affected by either party in terms of costs related to child custody;
Standard of living established during the marriage;
Education level of both parties;
Assets and liabilities of the parties, more simply the value of property/accounts or debts each party is taking when leaving the marriage;
Property brought into the marriage by either party;
Contribution of a spouse as a homemaker;
The relative needs of the parties;
Any marital misconduct of either party;
Federal, state, and local tax implications;
Whether the spouse seeking alimony has property to provide for their own sufficient needs and
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.
How Much Alimony Can I Expect to Pay?
There is no clear-cut rule on how much alimony you will owe your spouse or how much your spouse may owe you. Instead, Pennsylvania courts weigh many factors to determine the amount of alimony due.
There is no clear-cut rule on how much alimony you will owe your spouse or how much your spouse may owe you. Instead, Pennsylvania courts weigh many factors to determine the amount of alimony due.
Let’s debrief the concept of alimony. What is it? The concept of alimony requires that one spouse make payments to their former spouse following their divorce under a court order. Courts will decide whether alimony is necessary and award it as it considers reasonable. Alimony is awarded only when the court cannot meet the needs of both spouses by distributing the marital estate. But how much can the spouse have to pay if the court does decide that alimony is necessary and reasonable?
The courts of Pennsylvania weigh 17 factors in determining the amount and duration of payments. The first is the relative earnings or earning capacities of both spouses. “Earning capacity” is a key phrase here, as courts may look at your college degree or degrees and your work history to determine that your earning capacity is more than you currently make.
If this is the case, your alimony payment may be calculated on a number higher than your current salary. Some words of wisdom: quitting your current, well-paying job will not help you avoid paying alimony. In fact, getting another job that pays less won’t guarantee a lesser alimony payment, so don’t make rash decisions about your job. The court will still require you to pay according to the amount you can earn, whether you are earning that amount or not.
Courts may also consider the age, physical, mental, and emotional condition of each party, the duration of the marriage, the source of each party’s income, the standard of living established throughout the marriage, the expected inheritances of the parties, and many other factors.
The ultimate answer to how much you may be required to pay to your former spouse in alimony is that it depends. There is no universal formula to calculate your payments. Instead, the fate of your alimony order is in the hands of the judge.
Each situation is different, and the court rules differently in each case. Before you head in front of the judge, these factors are something to consider. Just remember, if your circumstances dictate an alimony award, it is not something you can escape, so don’t try to avoid it with any rash decisions.
*Disclaimer: this article is for informational purposes only. It is not providing legal advice. It does not create an attorney-client relationship.
Alimony, Spousal and Child Support…Oh, My!
The end of a marriage is a difficult time for anyone, and the financial consequences of untangling two lives can make it even worse. Although each is unique, alimony, spousal support and child support are all similar in the sense that one spouse is making a payment for the benefit of someone else (the other spouse or the parties’ children).
The end of a marriage is a difficult time for anyone, and the financial consequences of untangling two lives can make it even worse. Although each is unique, alimony, spousal support and child support are all similar in the sense that one spouse is making a payment for the benefit of someone else (the other spouse or the parties’ children).
In Pennsylvania, there are three types of spousal support/alimony, spousal support, alimony pendente lite and alimony. Depending on what stage of the divorce process you’re currently in will determine what type of support you may have a right to receive. (For more information click here.) When two people marry each other, they generally combine finances, enjoying a standard of life neither could achieve without the other. Even if both parties work fulltime, it is likely one spouse is a “dependent spouse,” meaning one spouse earns less than the other. The dependent spouse may receive spousal support or alimony pendente lite. As part of dividing the marital estate, a court may order one spouse to pay the dependent spouse alimony. Keep in mind that alimony is not guaranteed, as it is a secondary remedy for the Court to use if it is unable to equitably divide the marital estate. Think liquid assets versus non-liquid assets (i.e., something that can be sold for cash versus a retirement account that would incur a substantial penalty for an early withdrawal before a certain age).
Child support, on the other hand, is support for the benefit of minor children. The purpose of child support is to help ensure the children enjoy a standard of life like what they enjoyed before their parents’ separating or divorcing. If you, your children, and the other parent of your children do not live under the same roof, one parent may owe child support to the other.
The Domestic Relations section of your county’s Court of Common Pleas handles child support claims. When one parent files for child support, both parents provide income and expense information. The hearing officer then determines the adjusted net income of each parent and then uses those figures to calculate child support, applying statutory guidelines. We’ll take a closer look at the breakdown of the calculation in our next article.
There are two sides to each type of support: the spouse who is having to pay the support and the spouse who is relying on the support to make ends meet. Neither position is ideal. If you find yourself in a situation where you want to be sure the support calculations for your case are correct, give us a call. We’d love the opportunity to discuss the specifics of your case with you.
*Disclaimer: this article is for informational purposes only. It is not providing legal advice. It does not create an attorney-client relationship.
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.
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.