Philadelphia Spousal Support Lawyer
Serving Bucks, Chester, Delaware, Montgomery & Philadelphia County
There may have been a time when a husband was automatically ordered to pay alimony to the wife after a divorce, but that is no longer the case. Pennsylvania law on alimony and support makes it clear that spousal support can be granted to either the husband or the wife but will only be allowed if the court finds it is both reasonable and necessary. How does the court decide alimony is necessary? How much will the court award, and for how long? Philadelphia spousal support lawyer Lauren H. Kane has been handling divorce matters for 35 years and is knowledgeable and experienced in all facets of alimony or spousal support. Learn more below about alimony and support in Pennsylvania, and contact the Law Offices of Lauren H. Kane to discuss whether you may be paying or receiving spousal support in your Philadelphia divorce.
How does the court decide whether alimony is necessary?
Courts are obligated to consider all relevant factors in deciding whether alimony is needed in a given case and in deciding the nature, amount, duration and manner of payment. Pennsylvania alimony lists seventeen different factors the court must consider, including:
- The length of the marriage
- Each party’s age and physical and mental health
- The relative earnings and earning capacities of the parties
- The relative needs of the parties
- The standard of living established during the marriage
- Whether one party contributed to the education, training or earning potential of the other
- The contribution a spouse made to the household as a homemaker
- Whether the requesting spouse is capable of being self-supporting through employment
- How much time it would take the party seeking alimony to acquire the education or training needed to become self-supporting
- Whether the requesting spouse has enough property to provide for his or her reasonable needs
- The property each party brought into the marriage
- Any expected inheritances for either party
- Whether one party is serving as the custodian of a minor child
- The tax implications of an alimony award
- Any marital misconduct of either party during the marriage
The judge in a Philadelphia divorce will decide on these factors based on the evidence introduced by the parties, including testimony, documents and records, and legal arguments made by the attorneys. Whether you are seeking alimony or being asked to pay, Philadelphia divorce lawyer Lauren H. Kane can help by preparing and presenting a strong case that puts forward your position in the best light. At the Law Offices of Lauren H. Kane, we fight hard for your rights and devote our practice to seeing that you are properly taken care of.
How long does alimony last?
The court can award alimony for as long as the judge deems reasonable and necessary, including a fixed time or indefinitely. Alimony terminates on the death or remarriage of the receiving party, or if the party moves in with another partner. Also, an alimony award can be modified or terminated at any point after the divorce if the requesting party can prove that circumstances have changed. These changed circumstances must be substantial and on-going to justify a modification of spousal support, including suspension, termination or reinstatement of an alimony award.
What is alimony pendente lite?
Alimony pendente lite is an award of spousal support the court may order to be paid while the divorce is ongoing. This way, a less well-off spouse can afford living expenses, health insurance and attorney fees during the divorce, even before any final court order on the division of marital property or alimony. Without this type of support, a non-working spouse could feel trapped in the marriage and unable to afford to file for divorce. An award of alimony pendente lite does not necessarily affect whether or not any alimony will be ordered after the divorce.
Call Philadelphia Family Lawyer Lauren H. Kane with Your Spousal Support Questions
To discuss the matter of alimony and other important issues in your Philadelphia divorce, call the Law offices of Lauren H. Kane at 215-918-9453 for trusted legal advice from a skilled and knowledgeable Philadelphia spousal support lawyer.