Long v. Long: Clarifying What Counts as Alimony in Pennsylvania

When a marriage ends, financial arrangements between former spouses can take on many forms. Each form serves a different legal purpose. Confusing one for another can have costly consequences. The Pennsylvania Superior Court’s decision in Long v. Long provides important guidance on how courts determine whether post-divorce payments actually qualify as “alimony” under Pennsylvania law.

Background of the case

In Long v. Long, the parties divorced in 2018 after negotiating a Marriage Settlement Agreement (MSA). This agreement stated that “neither party shall be entitled to any spousal support, alimony pendente lite, or alimony as a result of this marriage.” However, the husband nonetheless agreed to make a series of monthly payments to the former wife following their divorce.

In this case, the dispute arose when the wife later remarried. The former husband sought to terminate his payments to the wife. He argued that the payments should be treated as “alimony” and should therefore end automatically when she remarried. The wife, on the other hand, countered that the payments were not alimony. Rather, they were part of the property division or equitable distribution outlined in their settlement.

The key issue became: How do we classify the payments? Are they alimony? Or are they part of the equitable distribution process? The answer was important because alimony is modifiable and terminates upon remarriage. Property settlements generally do not.

The Superior Court’s decision

According to the Superior Court, the trial court erred in automatically labeling the payments as alimony. Instead, the court focused on the fact that courts must look at the intent of the parties and the substance of the agreement, not merely the timing or structure of the payments.

In this case, the Court remanded the suit for further proceedings. It directed the lower court to determine whether the payments were intended to provide continuing support (like alimony) or balance the parties’ property and financial circumstances upon divorce.

Why this case is important

The Long case serves as an important reminder that labels matter, but intent matters more. During the drafting and negotiating of a settlement agreement, the parties must clearly distinguish between:

• Alimony (ongoing financial support based on need)
• Equitable distribution payments (compensation for marital property division)

Even though a payment looks like alimony, it might not be. If its purpose is to equalize the marital estate, then it’s part of the property settlement instead.

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The Law Offices of Lauren H. Kane represent the interests of Philadelphia residents during their divorce. Call our Philadelphia family lawyers today to schedule an appointment, and we can begin discussing your next steps right away.

Source:

pacourts.us/assets/opinions/Superior/out/j-a10020-22o.pdf?cb=2