FAQ: Why Does The Man Have To Pay Alimony In Pa If Both Work?

How does alimony work in Pennsylvania?

Know that Alimony in Pennsylvania is Calculated Before Child Support. Third, and this is new for 2019 and beyond. Alimony is going to be calculated before child support. Without children, you take 33% of the obligor’s net income and 40% of the obligee’s net income, and then the difference is going to be alimony.

How can I avoid paying alimony in PA?

Prove marital misconduct. The first way to avoid paying alimony is to prove misconduct during your marriage or separation. The two major issues that most judges will consider during alimony trials are abuse and adultery. However, you will need more than simply your word to prove these accusations.

Is alimony mandatory in Pennsylvania?

Am I entitled to alimony in PA? No, there is no entitlement to alimony in Pennsylvania. Instead, it’s purely discretionary with the court, and based on 17 factors listed in Section 3701 of the PA Divorce Code.

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Can a husband get out of paying alimony?

In divorce law and alimony payment, the decree of permanent payment of alimony does not mean that it can never be reviewed or terminated. It only means there is no specific date for the termination of alimony payment. Again, you may be able to get the court to reduce the amount you pay in alimony if your income drops.

Is PA a 50/50 divorce state?

No. Pennsylvania divides marital property under the theory of “equitable distribution”. (Pa. Community property states attempt a 50-50 distribution, as best as possible.

What is a wife entitled to in a divorce in PA?

A spouse is entitled to alimony only if the court decides that alimony is “necessary.” To decide whether alimony is necessary, how much should be paid, and how long it should be paid, the court must consider many factors – including but not limited to the relative income and earning capacities of the parties, the ages

How long is alimony paid in PA?

Alimony Pendente Lite The purpose of APL is to help the lower-income spouse finance his or her living and legal expenses through the divorce. In Pennsylvania, the average divorce takes about two years to litigate. Therefore, if your divorce is average, you can expect that APL will last for about two years.

Does it matter who files for divorce first in PA?

Does it matter who files a Pennsylvania uncontested divorce first? Accordingly, the person who files the divorce first controls the divorce process because if the other spouse files later, the spouse who filed first can have the second divorce dismissed (knocked out of court).

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Is spousal support and alimony the same?

Alimony and spousal support are the same thing. Alimony is a more dated and archaic term that means the ex-husband or ex-wife maintains the lifestyle of their former spouse after marriage for a certain amount of time. In California, it is most often referred to by the courts as spousal support.

What is the difference between spousal support and alimony in PA?

Background on Pennsylvania Support The difference between them primarily relates to the stage in the divorce process in which support is paid. Spousal Support is paid to a spouse after separation but before a divorce is filed. Alimony is paid to a spouse after the divorce is finalized.

How long does an ex husband have to pay alimony?

Generally, for short-term marriages (under ten years), permanent alimony lasts no longer than half the length of the marriage, with “marriage” defined as the time between the date of marriage and the date of separation. So, if your marriage lasted eight years, you may expect to pay or receive alimony for four years.

Is dating during separation adultery in PA?

You are free to date during separation without having to worry that your social life will be used as grounds for divorce. Adultery is grounds for divorce in Pennsylvania, and if your spouse can prove you committed adultery, they can seek a divorce with fault.

Do you have to pay alimony if your spouse refuses to work?

A judge may order you to pay spousal support for a set period of time, to give your spouse time to get back to work. If your spouse is capable of work but refuses to get a job, that is no longer your problem once you have fulfilled your court obligations for paying support.

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Does a husband have to support his wife during separation?

If you’re in the process of filing for divorce, you may be entitled to, or obligated to pay, temporary alimony while legally separated. In many instances, one spouse may be entitled to temporary support during the legal separation to pay for essential monthly expenses such as housing, food and other necessities.

Is spousal support for life?

(a) Except on written agreement of the parties to the contrary or a court order terminating spousal support, the court retains jurisdiction indefinitely in a proceeding for dissolution of marriage or for legal separation of the parties where the marriage is of long duration.

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