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</html>";s:4:"text";s:36453:"Factors for Calculating Post-Divorce Alimony in Pennsylvania. She knew the ins and outs of the subtleties of custody law quite well, and she navigated the complex system and settlement prior to the trial with strength and purpose. If you would like to schedule a meeting with one of our lawyers, please contact us at 215-814-0395. Forth the payments in pa alimony payments, contested divorces to be a separate. Rather, the Pennsylvania state legislature has set forth in 23 Pa.C.S. The court may award permanent or temporary alimony or both to either party, and in so doing may consider, but not be limited to, the following factors: The actual need. All Rights Reserved. If such a need is recognized, then the alimony payment should only last for a limited period of time (and no more) in order to satisfy this purpose. For a free consultation on your alimony case, call us at 215-814-0395 today. Pat is an honest lawyer that gets great results by working hard and continuing the fight for his clients. The facts and the ruling present a tale of how divorce practitioners need to pay heed to language when modifying an order of alimony. I researched different firms before choosing Sadek, but it was my initial conversation with Joelle that made the difference. These factors include, among many others, the duration of the marriage, the actual … However, there is no minimum length of time that a spouse has to be married in order for alimony to apply. The duration of the marriage. the duration of the marriage. Speak With One Of Our Attorneys Today. 3)	Am I entitled to one year of alimony for every three years of marriage? Below are the 17 alimony factors that we thoroughly discuss and consider during the negotiation to achieve the fairest alimony settlement possible: The 17 Factors of Alimony in PA The relative earnings of both spouses. The ages and physical, mental and emotional states of the two spouses. 23 Pa. C.S.A. 1)	How long do you have to be married to receive alimony in PA? each spouse’s earning capacity. 14. The standard of living of the spouses established during the marriage. (a) General rule.--Upon the request of either party in an action for divorce or annulment, the court shall equitably divide, distribute or assign, in kind or otherwise, the marital property between the parties without regard to marital misconduct in such percentages and in such manner as the court deems just after considering all relevant factors. The parties can also agree to change or eliminate alimony, so hiring lawyers to sit down and work out a new agreement may be the easiest option. So PA alimony exists, in part, based on the needs of the recipient party once the marriage is over and divorce is final. From there, the ultimate determination could either be more or less than this presumption. The Law Offices of Spadea & Associates, LLC, 204 E. Chester Pike, Suite 3
 Such factors affect the amount awarded, as well as set the time period in which one spouse will receive alimony. Equitable division of marital property. § 3701 (b), and are used by every court in the Commonwealth to decide alimony: Relative Earning Capacity – The potential money each party can earn is one of the biggest factors in whether or not one... Age and Health – Young, able-bodied … available only where economic justice and the reasonable needs of a party cannot be achieved by way of an equitable distribution award and development of an appropriate employable skill.” Thanks a lot. This also considers the amount of time it would take for the spouse seeking alimony to acquire the education or training necessary to find employment. For example, a common type of alimony in PA is called “rehabilitative alimony” where one spouse may only need a few years of financial assistance after the divorce to get back on their feet financially, clear their existing debt or perhaps retrain themselves for a new career in a different field. In the state of Pennsylvania, alimony is defined as monthly payments made from one spouse to another. Many misconceptions exist regarding how spousal support is determined. The state uses official Pennsylvania Child Support guidelines to determine the specific amount of child support that should be awarded. § 3701(b), and are used by every court in the Commonwealth to decide alimony: As mentioned above, any “material and substantial change in circumstances” can be grounds for a change to alimony. What are the PA alimony guidelines? 11 Year Winner in all Categories: Forms, Features, Customer Service and Ease of Use. In these circumstances, a ruling of permanent alimony is possible. These kinds of differences help a court decide whether alimony is necessary. His services are highly recommended. The relative needs of the two spouses. This includes medical, retirement, insurance or other benefits. If not, your lawyer can file for a modification to alimony based on any, all, or some of the above factors. In many marriages, one spouse relies on the other for income, and the other takes care of the home or children. She was very kind and patient. Everyone who answers the phone, no matter what time of day or night, are all very polite and helpful. “Alimony” in Pennsylvania is awarded following a divorce. 2. Alimony in Pennsylvania . § 3702 (2020). Equitable division of marital property. The lawyers of Sadek and Cooper represent clients in the greater Philadelphia area, including Philadelphia, Bucks County, Delaware County, Montgomery County, and beyond. “Alimony pendente lite” is temporary alimony awarded during a divorce proceeding. These factors help the judges determine who should pay alimony, if anyone, and how much should be paid. . 1910.16-3 sets forth basic child support only, subdivision (e)(1)(ii) is necessary to reflect the operation of the SSR in spousal support and alimony pendente lite cases. In summary, those factors include matters of standard of living during the marriage, income level or income potential of each spouse, and various available financial resources weighed against financial need. Alimony in PA requires the court to consider several factors. 17. No. Gold Award 2006-2018. Recommended Articles “Alimony” is the name of the money that one spouse pays another after divorce to help support them. From Pennsylvania’s earliest colonial times until June of 1980, our divorce law was strictly based upon whether or not one spouse had behaved … (1) The relative earnings and earning capacities of the parties. The 17 factors are: — The physical, emotional and mental conditions of each party and their ages. The degree a spouse contributed as a homemaker. It’s a fact that two households are more expensive to run than one. Alimony in Pennsylvania is determined by a number of factors but it is often calculated with the same formula. If you want to change alimony, it is vital that you follow all court orders until alimony changes are finalized. These guidelines will govern the vast majority of cases, unless parents have made an alternative agreement that is approved by the courts, or that there … In Pennsylvania, there are three types of support: Spousal Support, Alimony Pendente Lite, and Alimony. Under Pennsylvania law, post-divorce alimony “is a secondary remedy . 3701 (b): 1) The relative earnings and earning capacities … Know that Alimony in Pennsylvania is Always Paid by the Higher-Earning Spouse Not every divorce will result in one party receiving alimony. (2) The ages and the physical, mental and emotional conditions of the parties. The following are good examples of the kinds of things that convince courts to change alimony orders: Virtually any big life change may effect one of these 17 factors in a way that will get a court to rethink their alimony order. This firm also offers payment plan installments which has helped a lot. The Uniform Marriage and Divorce Act, on which many states' spousal support statutes are based, recommends that courts consider the following factors in making decisions about alimony awards: The age, physical condition, emotional state, and financial condition of the former spouses; (a) General rule.--Upon the request of either party in an action for divorce or annulment, the court shall equitably divide, distribute or assign, in kind or otherwise, the marital property between the parties without regard to marital misconduct in such percentages and in such manner as the court deems just after considering all relevant factors. Some of the factors deemed relevant to an alimony determination include: The awarding of alimony depends on 17 factors defined by law. It adjusts the basic guideline obligation, which would otherwise be calculated under the formula in Pa.R.C.P. How Do You File For Alimony In Pa "You have an excellent service and I will be sure to pass the word." Alimony is awarded purely at the discretion of the courts, which use seventeen factors to aid in making their decision. In many PA county courts, there is an unspoken rule of thumb, not a law, that a recipient should receive one year of alimony for every three years of marriage. Alimony in Pennsylvania. Use this calculator the get an estimate of alimony for the state of Pennsylvania! How Alimony and Spousal Support is Calculated in Pennsylvania How Alimony Is Calculated in Pennsylvania: Updated for 2019. That means that big changes to any of these factors can support a change to your alimony order. Alimony (also called aliment (Scotland), maintenance (England, Ireland, Northern Ireland, Wales, Canada), spousal support (U.S., Canada) and spouse maintenance (Australia)) is a legal obligation on a person to provide financial support to their spouse before or after marital separation or divorce.The obligation arises from the divorce law or family law of each country. Spousal support in PA is calculated several different ways depending on the income of the partners, and variety of different factors can affect the total amount of received by a particular party. The duration of alimony in Pennsylvania depends on multiple factors, including what type of support is being provided. 2021 Pennsylvania spousal support calculator. In divorce proceedings, the court has the power to order one spouse to pay alimony or support to the lower earning spouse spouse. The determination of the nature, amount, and duration of alimony is based on the court’s weighing of several factors. The degree to which one spouse has contributed to the other spouse’s education, training or increased earning potential. § 3701, Domestic Relations - Alimony and Support Primary tabs. These factors come from Pa.C.S. Factors that Play a Role. However, I always tell my clients that this is not a slam dunk for an alimony claim. The first, and most prominent, is that alimony will only be ordered in cases where the marriage lasted a number of years. Seventeen factors for divorce, there a divorce, parents are a separation is. Whether the spouse seeking alimony lacks sufficient property, including items in Chapter 35 relating to property rights, to provide for their reasonable needs. During divorce mediation, these are thoroughly discussed to achieve the fairest alimony … The court reviews the evidence and the list of factors to determine the length of time you will pay/receive spousal support and the amount of the support. In Pennsylvania, alimony may be awarded for an indefinite period although that is rare. 11. Here are the 17 alimony factors considered by the PA courts (from Section 3701 of the PA Divorce Code). The experienced family law attorneys of Sadek and Cooper explain these 17 factors: When you request alimony or ask a court to reduce alimony payments, they will look at 17 different factors. Alimony in PA or support is However, each case is unique and only an experienced attorney can adequately represent your interest. Under Pennsylvania law, post-divorce alimony “is a secondary remedy . I just want to take the time to recognize how grateful I have been to work with Joelle these last 13 months. Factors that Play a Role. I recommend at least scheduling a consultation for whatever it is you're looking for. See 23 Pa. Cons. In some states, alimony awards are based on a list of factors. Thank you. If you are trying to get alimony, or want your alimony increased or decreased, talk to an experienced family lawyer. These factors include: The … the age and the physical, mental, and emotional condition of each spouse. Alimony in Pennsylvania is not a myth; it does exist as a remedy in divorce that can be awarded by the court. Third, and this is new … The following factors will be considered by the Master or Judge in determining alimony: My clients often ask the following questions regarding alimony: Applicable before them along with an Always talk to an attorney when you want to change alimony to make sure you have good cause, and to make sure that your attorney can get the court to change the order. 6. Background on Pennsylvania Support In Pennsylvania, there are three types of support that a party to a divorce might be ordered to pay a spouse: Spousal Support, Alimony Pendente Lite, … The sources of income of both spouses. The relative education of the parties. The factors of alimony are typically governed by reasonable needs, standard of living (within reason), and the ability of the individual who owes alimony, to pay. BEST Legal Forms Company. … 16. Pennsylvania law allows for a former spouse to request a modification to an existing alimony order if that spouse can prove that there has been a substantial change in circumstances for … In summary, those factors include matters of standard of living during the marriage, income level or income … That said, Pennsylvania alimony law does provide a list of seventeen (17) factors for judges to consider. The relative earnings of both spouses. Do not resort to self-help. In any Pennsylvania divorce, the judge will look at 17 different factors to decide how much alimony is necessary. That’s calculated pursuant to a list of factors, and I’ll get to them later. Plus, these factors show how much alimony to order, and for how long. The length of your marriage is indeed one of the 17 factors used in Pennsylvania alimony calculations. Our Customers Believe! Fortunately I now know who I'll turn to first. Some changes may be big, but are not “material and substantial.”  This may include things like switching to another job that pays the same or moving to a new apartment with similar rent. The Court must consider 17 factors in determining whether to award alimony. This is decided for a specific period by the court, which helps ex-spouse to maintain her lifestyle even after divorce, until he/she becomes self-sufficient, remarries, etc. 13. She didn’t rush me and was willing to give me all the education I needed throughout the legal process. The relative assets and liabilities of the two spouses. This website is for informational purposes only and is general in nature. What factors inflence a spouse’s eligibility for alimony after divorce under Pennsylvania law? Mr. Cooper is a caring and talented attorney. Despite all the factors laid out to simplify alimony award … These factors come from Pa.C.S. The … 12. 2. In other marriages, both spouses work. much alimony is necessary the experienced family law attorneys of sadek and cooper explain these 17 factors pennsylvania alimony factors the result was that alimony child custody divorce and support in pennsylvania Dec 07, 2020 Posted By Mickey Spillane Media The degree to which a spouse will be financially affected by their position as the custodian of a minor child. The judges in Pennsylvania who determine whether soon-to-be ex-spouses will receive alimony must consider many factors — 17 of them to be exact. What other factors should a Pennsylvania alimony calculator consider? On December, © 2021 The Law Offices of Spadea & Associates. Some of the alimony factors in PA … The expected future earnings and inheritances of the two spouses. Below are the 17 alimony factors that we thoroughly discuss and consider during the negotiation to achieve the fairest alimony settlement possible: The 17 Factors of Alimony in PA … The property each spouse brought to the marriage. 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. No. Rather, the Pennsylvania state legislature has set forth in 23 Pa.C.S. . Spousal Support and Alimony Pendente Lite are calculated pursuant to a mathematical formula based on the parties’ monthly net incomes.               Phone: (610) 521-0604, As I grow older, I am reminded of the Steve Miller song, Fly Like An Eagle where he sings “time, 2021 Consolidated Appropriations Act Which Includes $900 Billion in Covid-19 Relief Her courtesy and professionalism was consistent and I’m very fortunate to have had her represent me. More typically, state statutes will list factors that a judge will consider when calculating alimony. Sitemap | Disclaimer | Privacy Policy by VPS Marketing Agency, LLC, Detailed Information about Estate Administration.  How long alimony will last is dependent on the specific circumstances of the case and the judge deciding. The purpose of alimony pendente lite is to allow a spouse to maintain the same standard of living while a divorce is pending. The ages and … PA Alimony Factors Related to Support: Show Me the Money Part 2 Now that you're familiar with what alimony is (for ... Support. Alimony, that’s going to be support paid to a spouse or ex-spouse post-divorce, and that’s calculated a little bit differently. With offices in Center City, The Northeast, Delaware County, and Bucks County, we can meet wherever is convenient for you. Again, there is no set time period for paying alimony in PA as it is purely discretionary. 3. The awarding of alimony depends on 17 factors defined by law. Domestic Relations § 3702. On October 5th of this year, the Superior Court disposed of an alimony modification request that was decided by the trial court in October, 2014. The Pennsylvania statute lays out 16 other factors that are relevant when deciding to grant alimony, the amount, and duration, including: Each person’s earnings and earning … Ability to pay. How do I calculate alimony payments? This 2021 Pennsylvania alimony calculator makes Pennsylvania alimony calculations. Some of the factors deemed … What are the PA alimony guidelines? Not every factor is relevant in every case, but some factors can have huge impacts when they do apply. 4. 1315 Walnut St #502, Philadelphia, PA 19107, Assisted Reproductive Technologies in Pennsylvania, Either party inherits money, wins the lottery, or gets a large gift of money, Either party becomes sick, injured, or handicapped – or recovers from sickness or injury, Either party graduates college or other school, Either party is found liable in a lawsuit. 1. These factors include, among many others, the duration of the marriage, the actual earnings and earning capacity of each spouse, the standard of living enjoyed by each spouse during the marriage, and so on. Alimony pendente lite, counsel fees and expenses on Westlaw FindLaw Codes are provided courtesy of Thomson Reuters Westlaw, the industry-leading online legal research system . He is very attentive and responsive to all of my phone calls and messages. Egan v. Egan, 2015 Pa… Use this calculator the get an estimate of alimony for the state of Pennsylvania! In divorce proceedings, the court has the power to order one spouse to pay alimony or support to the lower earning spouse spouse. I can't say enough how glad I am to have decided to use Yoninah Orenstein as the lawyer representing me in my struggle to get some custody of my daughter back. Section 3701 - Title 23 - DOMESTIC RELATIONS. available only where … We encourage you to seek legal counsel regarding your particular situation. Patrick Cooper has been wonderful and very responsive to all emails and phone calls. Don’t forget that a judge always has the right to change your Pennsylvania alimony calculator estimate as they see fit. There are factors that play a part in determining whether monetary support should be awarded, how much and when. In effort to best serve the legal needs of the residents of the Greater Philadelphia and Southern NJ areas, our law office provides video and phone meetings with an experienced lawyer. 3701(b) 17 subjective factors a court may consider when deciding alimony issues. If you have a question about alimony please call Gregory J. Spadea at 610-521-0604 of Law Offices of Spadea & Associates, LLC. . Whether the spouse seeking alimony is incapable of supporting themselves through appropriate employment. Basic Calculations. 15. In Pennsylvania, no hard guidelines that dictate the exact amount of alimony that should be paid exist. 1. 4)	Is there a formula that applies to calculate post-divorce alimony in PA? To be sure, if an alimony payment is going to apply, spouses should carefully evaluate their particular circumstances, what the recipient’s future financial needs will be and also what the payor’s ability to pay is. That said, Pennsylvania alimony law does provide a list of seventeen (17) factors for judges to consider. So in … Any other factors which the court may deem relevant. 5. Read this complete Pennsylvania Statutes Title 23 Pa.C.S.A. Excellent family law attorney. If you stop paying alimony on your own, you could be held in contempt for violating the court order to pay. Mr. Patrick is a wonderful person. PA Alimony Factors Related to Support: Show Me the Money Part 2 Now that you're familiar with what alimony is (for ... Support. The ages and physical, mental and emotional states of the two spouses. Finally, the length of time that true post-divorce alimony lasts in Pennsylvania is technically dependent on a list of statutory factors. “Abuse” as in this context shall have the meaning given to it under Section 6102. Spousal support is a court order that requires one spouse to make periodic payments to the other before anyone has filed for divorce. Having her by my side gave me courage and resiliency. This is often a common misconception by those who are navigating the murky waters of alimony in a PA divorce. Spousal support and alimony pendente lite are calculated in the same way. Since the schedule in Pa.R.C.P. Various factors come into consideration while calculating alimony like the financial condition of both spouses, age, health, lifestyle, children, etc. The federal, state and local tax consequences of the alimony. The degree to which a spouse will be financially affected by their position as the custodian … The duration of the marriage. Instead, when deciding whether to award alimony during divorce litigation, the court must consider these 17 factors, 23 Pa.C.S.  Just because you want to change alimony does not mean that a court will agree to the changes. Alimony in PA or support is each spouse’s sources of income. 7. She helped keep me on track, and focused on the bigger picture.               Ridley Park, PA 19078
 You should also know that to get alimony changed, there must be a “material and substantial change in circumstances,” according to Pennsylvania Rule of Civil Procedure 1910.19. Whether or not you will get alimony in your case depends on many different factors. Stat. Such an award, however, is not always guaranteed. § 3502.  10. … The 17 Factors of Alimony in PA The relative earnings of both spouses. 8. An attorney client relationship is created with Sadek and Cooper Law Offices only after a meeting and the signing of an attorney client engagement agreement. First, the court must determine that the matter is appropriate for alimony. There is no formula to calculate post-divorce alimony in PA.  Again, it is a purely discretionary issue with the court. However, there is no minimum length of time that a spouse must be married in order to be eligible for alimony. New 2021 Pennsylvania Maintenance Calculator. 9. I would like to appreciate his compassion towards his clients. Determining alimony is done using a series of 17 factors, and not by mathematical formula. Alimony is calculated pursuant to a list of factors. I wouldn't want anyone else as my representation. The alimony factors in PA are: (1) How much each of the spouses currently earn, and how much the spouses could possibly earn in the future; (2) The ages and general overall health of each spouse from both a physical and mental standpoint; Sometimes, states have a statute that lays out a formula used to determine alimony. Though these may be big life changes, they are not “material” because they do not really alter any of these factors. Alimony will be determined differently according to each state’s laws. 2)	How long do I have to pay alimony in PA? The marital misconduct of either of the spouses during the marriage. By contrast, when spouses decide to mediate their divorce, they themselves have the opportunity to control what alimony, if any, will apply. What factors inflence a spouse’s eligibility for alimony after divorce under Pennsylvania law? Length of the marriage, albeit an important factor in the alimony statute, is but one of the 17 factors to be considered by the court. In the state of Pennsylvania, alimony is defined as monthly payments made from one spouse to another. If there are minor children and a party is awarded alimony, the amount paid in alimony is also used when determining the amount of child support awarded. I just wanted to thank all the attorneys in his firm. He solved my bankruptcy case in a neat way. In general, the term alimony in Pennsylvania … This website does not create an attorney client relationship under attorney rules of ethics. PA Custody Factors: 16 Child Custody Factors Courts Consider Judges consider and closely weigh many elements that when it comes to determining child custody for a divorcing family. This is achieved most fairly when they each prepare their post-divorce budget of expenses so that they can evaluate what is needed for the recipient in order to reasonably live in their separate household and what the payor can afford. Unfortunately I know I will need to have a good lawyer for the rest of my life from time to time. My case has been closed successfully. Generally, alimony payments are treated as a taxable income Taxable Income Taxable income refers to any individual's or business’ compensation that is used to determine tax liability. There are many statutory factors that must be considered, so it is never a simple calculation. Typically, the longer the marriage, the greater the case for alimony, assuming other relevant factors also exist.  We can meet wherever is convenient for you they do apply very responsive all... To time alimony increased or decreased, talk to an experienced attorney can adequately represent your interest I ’ get... 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