Philadelphia Spousal Support Attorneys

Reliable Alimony & Spousal Support Representation in Moorestown

The subject of spousal support in Pennsylvania can be an area of confusion. In many states spousal support and alimony are interchangeable, referring to the monetary payments made from one spouse to the other after a divorce has been finalized.

Understanding Spousal Support vs. Alimony in Pennsylvania

This is not the case in Pennsylvania. Here, spousal support refers to payments made during the separation period before a divorce is finalized. Alimony refers to post-divorce payments.

At William Kirby Law, Family Law Attorneys, we can help you understand and navigate the complexities of both Pennsylvania spousal support and alimony. Whether you need help securing support or are faced with providing support, William Kirby will advocate for your best interests with diligence and dedication. Our firm is committed to providing you with superior service.

Struggling with spousal support or alimony issues? Contact us at (215) 515-9901 to discuss your case and explore your legal options.

Types of Financial Support in Pennsylvania Divorce

Pennsylvania law has established three types of financial support for spouses in divorce. The type of support affecting your case will depend on the timing of divorce actions.

Types of support include:

• Spousal support, which is financial support made during the separation period prior to the finalization of the divorce; it may be awarded before divorce proceedings have begun as long as you are separated
• Alimony, which always refers to post-divorce payments
• Alimony pendente lite, which is similar to spousal support but awarded only after divorce proceedings have begun

What is Spousal Support?

Pennsylvania is the only state to provide mandatory guidelines to determine spousal support. However, courts will review the specific circumstances of a case to determine this award. Factors such as family abuse or adultery may influence the court’s decision. Despite this, state divorce laws do not guarantee spousal support.

• Understanding Alimony Pendente Lite
  Alimony pendente lite is a form of support designed to permit a spouse to maintain an equality of income while facing and moving through a divorce action. It is not, however, automatic. You must file for it with the court and show that it is needed. Once again, courts will review many factors in determining if you qualify and for what amount.

Key Factors Influencing Alimony Decisions

Alimony is also not an automatic right in any divorce. Courts will evaluate up to 17 factors to determine if a claim for alimony is valid and based on a true financial need.

Because of the complexities involved in all of these types of spousal support, it is vital that you seek qualified legal counsel early on in the divorce or separation process. At William Kirby Law, Family Law Attorneys, we will be able to advise you on the best course of action based on your financial situation and divorce or separation plans.

Calculating Spousal Support in Pennsylvania

Determining spousal support in Pennsylvania is not a one-size-fits-all process. Courts consider various factors when calculating the amount of support one spouse may owe the other.

Key factors include:

• Income disparity – The court compares both spouses’ incomes to determine if financial support is necessary.
• Length of the marriage – Longer marriages often result in longer or higher support payments.
• Standard of living – The goal is to help both spouses maintain a similar lifestyle post-divorce.
• Other financial obligations – If child support is involved, it may impact the amount of spousal support awarded.
• Employment status – If one spouse was a stay-at-home parent or unemployed, the court may consider their need for financial assistance while they seek work.

Duration of Spousal Support and Alimony

The length of time spousal support or alimony lasts depends on several factors. Pennsylvania courts generally follow these guidelines:

• Temporary support – Spousal support or alimony pendente lite (APL) may be awarded during separation or while divorce proceedings are ongoing.
• Post-divorce alimony – This type of alimony is awarded after the divorce is finalized and can be short-term or long-term.
• Permanent alimony – Rarely granted, but may be considered in cases where a spouse is unable to become self-supporting due to age, disability, or other significant factors.
• Impact of remarriage or cohabitation – If the receiving spouse remarries, alimony payments typically end. Cohabitation with a new partner may also lead to termination of payments, depending on the circumstances.

Modifying or Terminating Spousal Support

Life circumstances can change, and Pennsylvania law allows for spousal support modifications under certain conditions.

Common reasons for modification include:

• Significant income changes – If the paying spouse loses a job or experiences financial hardship, they may request a reduction in payments.
• Illness or disability – If either spouse experiences a medical condition that affects their ability to earn income, support payments may be adjusted.
• Remarriage or cohabitation – Alimony payments often end when the recipient spouse remarries or moves in with a new partner.
• Retirement – If the paying spouse reaches retirement age and experiences reduced income, they may request a modification.

How to request a modification:

• File a formal request with the court.
• Provide evidence of the significant change in circumstances.
• Attend a court hearing if required.

In some cases, alimony payments may automatically terminate based on the terms outlined in the original agreement. However, if no end date is specified, a modification request may be necessary.

Why Choose William Kirby for Your Family Law Needs?

When it comes to family law matters, having a knowledgeable and compassionate attorney by your side can make all the difference. At William Kirby, we understand that divorce and spousal support issues can be emotionally challenging and complex. Our commitment to providing personalized legal representation ensures that your unique circumstances are addressed with care and attention.

Here’s why clients in Philadelphia trust us:

• Experienced Guidance: With years of experience in family law, we have a deep understanding of Pennsylvania's legal landscape and how it applies to your situation.
• Client-Centered Approach: We prioritize our clients' needs and goals, working closely with you to develop a strategy that aligns with your best interests.
• Transparent Communication: We keep you informed every step of the way, ensuring you understand your options and the potential outcomes of your case.
• Negotiation and Mediation Skills: We are skilled negotiators who strive to resolve disputes amicably, but we are also prepared to advocate fiercely for your rights in court if necessary.
• Comprehensive Support: From initial consultations to final resolutions, we provide support throughout the entire process, helping you navigate the emotional and legal challenges of family law.

Let us help you secure a fair outcome in your spousal support or alimony case. 

Frequently Asked Questions About Spousal Support in Pennsylvania

Can spousal support be denied?

• Yes, spousal support can be denied if the court determines that the requesting spouse is financially self-sufficient or if there is evidence of marital misconduct, such as adultery, which may impact eligibility.

Is spousal support taxable?

• For divorces finalized before January 1, 2019, spousal support payments are taxable income for the recipient and tax-deductible for the payer. However, under current tax laws, spousal support payments are no longer deductible or considered taxable income for divorces finalized after this date.

Can a spouse refuse to pay court-ordered spousal support?

• No, refusing to pay court-ordered spousal support can lead to serious legal consequences, including wage garnishment, fines, and even contempt of court charges. If payments are not made, the recipient can seek enforcement through the court.

Does spousal support continue if my ex-spouse moves out of state?

• Yes, spousal support obligations remain in effect even if one spouse relocates to another state. Courts can enforce payments across state lines under federal and state laws.

Can spousal support be negotiated outside of court?

• Yes, spouses can agree on support terms through mediation or settlement negotiations rather than going through litigation. However, any agreement should be documented and approved by the court to ensure enforceability.

What happens if my ex-spouse hides income to avoid paying support?

• If you suspect your ex-spouse is concealing income or assets, you can request a financial investigation through the court. A forensic accountant or legal discovery process may uncover hidden income, which could result in adjusted support payments.

How does a prenuptial agreement affect spousal support?

• A valid prenuptial agreement can waive or limit spousal support obligations. However, courts may override parts of the agreement if it is deemed unfair or if circumstances have significantly changed since the agreement was signed.

Whether you need to establish, modify, or contest spousal support, our experienced attorneys are here to help. Contact us today at (215) 515-9901.