Alimony in Pennsylvania: Spousal Support, APL and Post-Divorce Alimony

Pennsylvania has three different kinds of support between spouses, and mixing them up is the most common mistake people make. Two of them follow a formula. The third, alimony after the divorce, does not.

Spousal support and APL can't run at the same time (Pa.R.C.P. 1910.16-1(c)(1)). Neither one goes in the divorce complaint: under Rule 1920.31(a)(2), claims for spousal support and APL are filed with the county's domestic relations section, on a support complaint.

Spousal support and APL: the guideline formula

The duty itself comes from 23 Pa.C.S. § 4321(1): "Married persons are liable for the support of each other according to their respective abilities to provide support as provided by law." The amount comes from a formula in Rule 1910.16-4, and the guideline amount is presumed correct unless the court finds it unjust or inappropriate (Rule 1910.16-1(d)).

The formula compares the two spouses' monthly net incomes:

• No children in the case: 33% of the paying spouse's net income, minus 40% of the receiving spouse's net income.
• Children in the case: 25% of the paying spouse's net income, minus 30% of the receiving spouse's net income. Spousal support or APL is figured first; child support is then calculated on the incomes after that amount moves from one spouse to the other.

If the result is below zero, no support is due. The paying spouse's income is first reduced by any support he or she already pays to children or former spouses outside this case.

Limits on the formula

• High incomes. When the spouses' combined monthly net income is over $30,000, the formula is only a starting point; the court then looks at the reasonable needs of the spouse asking for support (Rules 1910.16-2(e)(2) and 1910.16-3.1).
• Low incomes. Support can't push the paying spouse below the self-support reserve of $1,255 a month. In a case for spousal support or APL only, the court must lower the amount enough for the payer to keep the reserve (Rule 1910.16-2(e)(1)(iii)).
• Equal custody. When the children spend equal time with both parents and the formula would otherwise give the spouse who receives child support the larger share of the combined income, the rules equalize incomes instead, and no spousal support or APL is awarded (Rule 1910.16-4(c)(2)).
• Deviation. The court can depart from the formula for reasons listed in Rule 1910.16-5, including the length of the marriage.
• How long. In setting the length of spousal support or APL, the court must consider how long the marriage lasted, measured from the wedding to the date of final separation (Rule 1910.16-1(c)(2)).

The state's official online estimator handles child support only. Its own overview says: "This estimator does not provide results for alimony pendente lite or spousal support, or for combined child support and spousal support/alimony pendente lite orders."

A spouse convicted of a crime against the other

A spouse convicted of a personal injury crime against the other spouse is not entitled to spousal support or APL, unless the court finds an order "is necessary to prevent manifest injustice" (§ 3702(b)).

APL after the decree

APL doesn't automatically stop on the day of the divorce. Rule 1920.31(d):

(d) Upon entry of a decree in divorce, an existing order for spousal support shall be deemed an order for alimony pendente lite if any economic claims remain pending.

This matters when the court grants the divorce first and decides property and alimony later.

Alimony after the divorce

Final alimony is a different question. Section 3701(a):

(a) General rule.--Where a divorce decree has been entered, the court may allow alimony, as it deems reasonable, to either party only if it finds that alimony is necessary.

Three things follow from that sentence. Alimony isn't automatic. Either spouse can receive it; the law is gender-neutral. And the test is necessity, which is why the property division matters: one of the factors asks whether the spouse lacks enough property, including property received in the divorce, to meet reasonable needs.

The 17 factors

To decide whether alimony is necessary, and how much and for how long, the court considers "all relevant factors, including" (§ 3701(b)):

(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.

Factor (14) is about fault. The court considers either spouse's marital misconduct during the marriage, but not misconduct after the date of final separation, with one exception: the court "shall consider the abuse of one party by the other party." The last three factors are the tax effects of the award (15), whether the spouse lacks enough property, including property received in the divorce, to meet reasonable needs (16), and whether the spouse can't support himself or herself through appropriate work (17).

So adultery during the marriage can matter to alimony, even though it doesn't matter to property division.

No formula, no fixed duration

Pennsylvania has no alimony formula, no cap and no schedule tying the length of alimony to the length of the marriage. The court sets a duration that "may be for a definite or an indefinite period of time which is reasonable under the circumstances" (§ 3701(c)), and it must state its reasons (§ 3701(d)). Many awards are meant to give a spouse time to finish training or find work, but the statute leaves that to the judge.

You must ask. Under Rule 1920.31(c), failing to claim alimony, spousal support, APL or counsel fees before the final decree "shall be deemed a waiver of those claims, unless the court expressly provides otherwise in its decree."

When alimony changes or ends

• Changed circumstances. A court-ordered award can be modified, suspended or ended "upon changed circumstances of either party of a substantial and continuing nature," but only for payments that come due after the petition is filed (§ 3701(e)).
• Remarriage. "Remarriage of the party receiving alimony shall terminate the award of alimony" (§ 3701(e)).
• Cohabitation. Section 3706 bars alimony to a former spouse who has entered into cohabitation "with a person of the opposite sex who is not a member of the family of the petitioner within the degrees of consanguinity." The statute still uses that wording; how courts apply it to other relationships is a question for a lawyer.
• Death. Section 3707:

Upon the death of the payee party, the right to receive alimony pursuant to this chapter shall cease. Upon the death of the payor party, the obligation to pay alimony shall cease unless otherwise indicated in an agreement between the parties or an order of court.

Retirement isn't listed as an automatic end; a retiring payer would ask the court to modify the order under § 3701(e).

Agreed alimony is harder to change

Many spouses settle alimony in a written agreement. Once the court approves it, the agreement "shall constitute the order of the court" (§ 3701(f)). But its terms work differently from a court award. Under § 3105(c), alimony and property terms in an agreement can't be modified by the court unless the agreement itself says they can. If you want an agreed alimony amount to be adjustable later, the agreement has to say so.

Taxes

For divorce and separation agreements signed after December 31, 2018, the IRS treats alimony as neither deductible by the payer nor taxable to the recipient. Older agreements keep the old rule unless they are modified and expressly adopt the new one. Pennsylvania's personal income tax doesn't treat alimony as taxable compensation and allows no deduction for paying it, though alimony does count as income when you apply for Pennsylvania's tax forgiveness program. The support guideline formula was changed for orders entered on or after January 1, 2019, to reflect the federal change.

Frequently asked questions

How is spousal support calculated in Pennsylvania?

Spousal support and APL use a formula. With no children in the case, it's 33% of the paying spouse's monthly net income minus 40% of the other spouse's. With children, it's 25% minus 30%, and child support is then calculated separately. The court can deviate, and different rules apply above $30,000 of combined monthly net income.

Is there an alimony calculator for Pennsylvania?

There is a formula for spousal support and APL, and the calculator on this page applies it. There is no formula for alimony after divorce: a judge weighs 17 statutory factors. The state's official online estimator covers child support only.

How long does alimony last in Pennsylvania?

As long as the court finds reasonable. The statute allows a definite or indefinite period and sets no schedule based on years of marriage. Remarriage of the recipient ends it, and either spouse can ask to modify it after a substantial and continuing change in circumstances.

What is APL in Pennsylvania?

Alimony pendente lite is support paid while a divorce is pending. It uses the same formula as spousal support, is filed in the domestic relations section, and can continue after the decree while property or alimony claims are still being decided.

Does cheating affect alimony in Pennsylvania?

It can. Marital misconduct during the marriage is one of the 17 alimony factors. Misconduct after final separation is not considered, except abuse. Fault does not affect the property division.

Does alimony end if my ex moves in with someone?

Section 3706 bars alimony to a former spouse who cohabits with a person of the opposite sex who isn't a relative. The paying spouse must ask the court to end it; it doesn't stop on its own. An agreement may set its own rule.

Can men get alimony in Pennsylvania?

Yes. The statute allows alimony "to either party." Support and alimony are gender-neutral.

Where these sections live

• 23 Pa.C.S. Chapter 37 — Alimony and support (§§ 3701–3707)
• 23 Pa.C.S. § 4321 — Liability for support
• Pa.R.C.P. 1910.16-4 — Guideline formula
• Pa.R.C.P. 1910.16-2 — Income and the self-support reserve
• Pa.R.C.P. 1910.16-3.1 — High-income cases
• Pa.R.C.P. 1910.16-5 — Deviation
• Pa.R.C.P. 1920.31 — Alimony, APL and waiver of claims