Practice Areas - Alimony

Practice Areas

Alimony

Alimony is the category of support a spouse receives after a divorce is final.  When determining a parties’ alimony obligation or entitlement (both for amount and duration), the court considers 17 factors, similar to equitable distribution.  There are some counties that analyze the factors in determining alimony, but there are other counties that will use the spousal support/APL formula in lieu of a detailed factored analysis.

The factors the court considers are similar to the factors the court considers when dividing property pursuant to equitable distribution.  Essentially the court will consider each case’s unique set of circumstances to arrive at what it considers to be a fair result between the parties.

What are the Alimony Factors considered?

(1)  The relative earnings and earning capacities of the parties.

(2)  The ages and the physical, mental and emotional conditions of the parties.

(3)  The sources of income of both parties, including, but not limited to, medical, retirement, insurance or other benefits.

(4)  The expectancies and inheritances of the parties.

(5)  The duration of the marriage.

(6)  The contribution by one party to the education, training or increased earning power of the other party.

(7)  The extent to which the earning power, expenses or financial obligations of a party will be affected by reason of serving as the custodian of a minor child.

(8)  The standard of living of the parties established during the marriage.

(9)  The relative education of the parties and the time necessary to acquire sufficient education or training to enable the party seeking alimony to find appropriate employment.

(10)  The relative assets and liabilities of the parties.

(11)  The property brought to the marriage by either party.

(12)  The contribution of a spouse as homemaker.

(13)  The relative needs of the parties.

(14)  The marital misconduct of either of the parties during the marriage. The marital misconduct of either of the parties from the date of final separation shall not be considered by the court in its determinations relative to alimony, except that the court shall consider the abuse of one party by the other party. As used in this paragraph, "abuse" shall have the meaning given to it under section 6102 (relating to definitions).

(15)  The Federal, State and local tax ramifications of the alimony award.

(16)  Whether the party seeking alimony lacks sufficient property, including, but not limited to, property distributed under Chapter 35 (relating to property rights), to provide for the party's reasonable needs.

(17)  Whether the party seeking alimony is incapable of self-support through appropriate employment.

Divorce

Pennsylvania is a “no-fault divorce” state.

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divorce | gibson family law  bucks and montgomery county| gibsonfamilylaw.com

Equitable Distribution

Pennsylvania divides assets equitably not equally

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equitable distribution | gibson family law | gibsonfamilylaw.com

Custody

There are two categories of custody: physical and legal

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custody | gibson family law | gibsonfamilylaw.com

Child Support

Child Support is given to the custodial parent.

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child support | gibson family law  bucks and montgomery county| gibsonfamilylaw.com

Spousal Support/APL

Spousal Support is paid while separated but still married.

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 spousal support | gibson family law  bucks and montgomery county| gibsonfamilylaw.com

Alimony

Alimony is support received after a divorce is final.

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alimony | gibson family law  bucks and montgomery county| gibsonfamilylaw.com

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