The Seventeen Alimony Factors in Pennsylvania
Pennsylvania courts may allow alimony after a divorce decree only if it is necessary, and decide its nature, amount, duration and manner of payment on seventeen statutory factors, giving their reasons.
Necessity first
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 (23 Pa.C.S. 3701(a)).
The seventeen factors
In deciding whether alimony is necessary, and its nature, amount, duration and manner of payment, the court shall consider all relevant factors, including:
| Factor | |
|---|---|
| (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 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 |
| (7) | The extent to which a party’s earning power, expenses or obligations are affected by serving as the custodian of a minor child |
| (8) | The standard of living established during the marriage |
| (9) | The relative education of the parties and the time needed to acquire sufficient education or training 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 |
| (14) | The marital misconduct of either party during the marriage; after final separation only abuse is considered |
| (15) | The federal, State and local tax ramifications of the alimony award |
| (16) | Whether the party seeking alimony lacks sufficient property, including property distributed in the divorce, to provide for reasonable needs |
| (17) | Whether the party seeking alimony is incapable of self-support through appropriate employment |
Reasons
The order must set forth the reason for the denial or award of alimony and its amount.
Misconduct
Marital misconduct before the date of final separation is a factor; misconduct after final separation is not considered, except that the court considers the abuse of one party by the other.
Property and alimony
Factor (16) asks whether the party lacks sufficient property, including property distributed in the divorce, to provide for reasonable needs, so the property division and alimony are decided together. See the Pennsylvania property division calculator.
Questions to bring to an attorney
Ask how the court is likely to weigh the factors and whether alimony would be found necessary.
Evidence to gather
Tax returns and pay records, a budget for each household, health and education records, retirement statements and the standard of living during the marriage.
Frequently asked questions
What factors does Pennsylvania use for alimony?
Seventeen, in 23 Pa.C.S. 3701(b), from earnings and ages to the marital standard of living and whether the party can be self-supporting.
Must Pennsylvania alimony be necessary?
Yes. The court may allow alimony only if it finds that alimony is necessary.
Is fault considered for Pennsylvania alimony?
Marital misconduct during the marriage before final separation is a factor; afterward only abuse.
Do taxes matter for Pennsylvania alimony?
Yes. The tax ramifications of the award are a factor.
Must a Pennsylvania court explain its alimony decision?
Yes. It must set forth the reason for denying or awarding alimony and its amount.
Official sources
- 23 Pa.C.S. 3701: alimony
- Pa.R.Civ.P. 1910.16-4: spousal support and alimony pendente lite formula
- Pa.R.Civ.P. 1910.16-2: self-support reserve
A local family law attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited Pennsylvania statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Pennsylvania attorney.