Spousal Support & Alimony in Pennsylvania

Alimony in Pennsylvania is not automatic. The court must find alimony "necessary" before ordering it (23 Pa.C.S. § 3701(a)). When it does award alimony, it applies 17 statutory factors, can define duration flexibly, and can modify or terminate the award if circumstances substantially change. The distinction between alimony pendente lite (during the divorce), spousal support (during separation), and post-divorce alimony matters greatly to your case.

Alimony Pendente Lite (APL)

Alimony pendente lite is temporary support paid during the divorce, from the filing of the complaint until the divorce and the economic claims are resolved (23 Pa.C.S. § 3702). The purpose is to level the playing field during litigation, ensuring the lower-earning spouse can afford an attorney and meet living expenses while the divorce is pending.

Under § 3702(a), the court "may allow a spouse reasonable alimony pendente lite, spousal support and reasonable counsel fees and expenses" in proper cases. This is discretionary. APL is not awarded in every divorce; it depends on the parties' respective finances. But absent extraordinary circumstances, if one spouse has significantly greater income and assets, APL is likely.

APL ordinarily ends when the divorce decree is entered and the economic claims are resolved at the same time. It does not convert to post-divorce alimony. If the receiving spouse wants post-divorce alimony, that must be raised as a separate claim before the divorce is finalized. Where the divorce is bifurcated under 23 Pa.C.S. § 3323(c.1) and economic claims remain pending after the decree, APL can continue. Pa.R.C.P. 1920.31(d) provides that upon entry of a decree in divorce, an existing order for spousal support is deemed an order for alimony pendente lite if any economic claims remain pending.

Spousal Support During Separation

After separation but before a divorce complaint is filed, the dependent spouse may seek "spousal support": a remedy distinct from APL. Once a divorce action is filed, either party may petition for APL. Spousal support and APL orders cannot be in effect at the same time (Pa.R.C.P. 1910.16-1(c)(1)), so an APL order can supersede an existing spousal support order. That does not happen automatically when the divorce complaint is filed. Unlike APL, spousal support ends on reconciliation, death, or when an APL order supersedes it; it does not necessarily run until the divorce decree the way APL does. The statute treats APL and spousal support similarly, and both are calculated under the Statewide support guideline (23 Pa.C.S. § 4322; Pa.R.C.P. 1910.16-1 et seq.), based primarily on the parties' net incomes, rather than under the § 3701 alimony factors that govern post-divorce alimony.

The key practical difference: you must request APL or spousal support; it is not awarded automatically. File a petition with the court as soon as separation occurs if you believe you need support.

Post-Divorce Alimony (23 Pa.C.S. § 3701)

Post-divorce alimony is paid after the divorce decree is entered, for the duration the court sets, which may be definite or indefinite. Under § 3701(a), the court may award it to either party if it finds alimony "necessary."

The statute does not define "necessary," but Pennsylvania courts interpret it broadly. Necessity can mean the receiving spouse lacks sufficient property or earning capacity to be self-supporting, or that the circumstances justify ongoing support under the statutory factors. It does not mean poverty; it means a demonstrated need.

The 17 Alimony Factors (§ 3701(b))

In determining whether alimony is necessary and in setting the amount, duration, and manner of payment, the court must consider all relevant factors, including:

1. Relative earnings and earning capacities : What each party earns and could reasonably earn
2. Ages and physical, mental, and emotional conditions : Health, disability, mental health
3. Sources of income : Including medical, retirement, insurance, or other benefits
4. Expectancies and inheritances : Anticipated future property
5. Duration of the marriage : Longer marriages generally support longer alimony
6. Contributions to education or training : Did one spouse put the other through school or training?
7. Custodial responsibilities : How do childcare duties affect earning capacity?
8. Standard of living during marriage : What lifestyle was established during the marriage?
9. Education and time to retrain : How long to acquire employment skills?
10. Relative assets and liabilities : Who has more property and debt?
11. Property brought to marriage : Separate property contributions
12. Homemaker contributions : Value of unpaid domestic work
13. Relative needs : What does each party need to live?
14. Marital misconduct (with qualifications): Abuse is considered; other misconduct after separation is not (§ 3701(b)(14))
15. Tax ramifications : Federal and state tax treatment of alimony (see below)
16. Insufficient property : Whether the receiving spouse's property is sufficient to meet reasonable needs
17. Incapacity for self-support : Whether the receiving spouse is incapable of self-support through appropriate employment

Courts do not apply each factor equally. Some (earning capacity, duration of marriage, standard of living) typically carry more weight. The court must set forth its reasons for the award or denial in writing (§ 3701(d)).

Duration of Alimony

The court sets the duration, which may be "for a definite or an indefinite period of time which is reasonable under the circumstances" (§ 3701(c)). There are no hard rules. A longer marriage typically justifies longer or indefinite alimony; a shorter marriage might justify limited-term alimony. The statutory factors guide the decision.

Some courts award alimony for a fixed term (e.g., 5 years, 50% of the length of the marriage). Others award indefinite alimony, terminable only upon remarriage, cohabitation, or death. The statute permits both approaches.

Cohabitation Terminates Alimony (§ 3706)

This is critical: Under 23 Pa.C.S. § 3706, no petitioner is entitled to receive an award of alimony if, subsequent to the divorce, the petitioner has entered into cohabitation with a person of the opposite sex who is not a member of the family within degrees of consanguinity.

In plain language: if you are receiving alimony and you move in with a romantic partner, your alimony terminates. The statute does not require marriage; cohabitation alone is enough. The former spouse can petition to suspend or terminate alimony once cohabitation is proven. The burden of proof is on the person claiming cohabitation.

What counts as "cohabitation" gets litigated constantly. Courts look at whether the couple shares expenses, maintains a joint household, holds themselves out as a couple, and shares financial resources. One or two nights per week is unlikely to qualify. Maintaining a household together does.

Modification and Termination

Alimony is not fixed. Under § 3701(e), an alimony order "is subject to further order of the court upon changed circumstances of either party of a substantial and continuing nature." Either spouse can petition to modify, suspend, terminate, or reinstate alimony if circumstances substantially change.

Examples of substantial changes: loss of employment, significant income increase, serious illness or disability, remarriage of the receiving spouse, or changed child custody. Minor fluctuations in income typically do not justify modification.

Remarriage of the receiving spouse terminates alimony automatically (§ 3701(e)). Remarriage of the paying spouse does not, but it may be a factor in a modification petition. Death of the receiving spouse ends the right to receive alimony. Death of the paying spouse ends the obligation to pay it, unless an agreement between the parties or a court order says otherwise (23 Pa.C.S. § 3707).

Tax Treatment Post-TCJA

This is crucial: the Tax Cuts and Jobs Act of 2017 (TCJA) eliminated the federal income tax deduction for alimony paid and the inclusion in income for alimony received for divorce or separation instruments executed on or after January 1, 2019.

For divorce or separation instruments executed before January 1, 2019, alimony is deductible by the payor and includable in income by the recipient (under former I.R.C. § 215). For instruments executed on or after that date, alimony has no federal tax effect. What controls is the date the agreement or decree was executed, not the date the divorce was finalized. A marital settlement agreement signed in December 2018 stays under the old rules even if the decree is entered later. One exception: a pre-2019 instrument modified after 2018 falls under the new rules if the modification expressly says the repeal applies to it.

This is a substantial change. Under the old rules, the tax treatment affects both parties' bargaining positions. Under the current rules, there is no federal tax benefit, so the court's award is based purely on support need, not tax optimization. Pennsylvania does not allow a state deduction for alimony, so state income tax treatment is the same under current law.

Alimony vs. Child Support: Do Not Confuse Them

Alimony is spousal support. Child support is support for the children. They are separate claims with separate guidelines. Child support is calculated under the Pennsylvania child support guidelines (23 Pa.C.S. Chapter 43). Alimony is calculated under § 3701 factors.

Both can be awarded in the same divorce. Both can be modified independently. But they are not filed in the same place. Raise the alimony claim in the divorce action before the decree is entered. Failing to do so is deemed a waiver of the claim unless the court expressly provides otherwise in its decree (Pa.R.C.P. 1920.31(c)). A divorce complaint cannot include a claim for child support, spousal support, or APL. Those are filed as a separate action in the domestic relations section (Pa.R.C.P. 1920.31(a)(2); Pa.R.C.P. 1910.4).

Enforcement of Alimony

If the payor falls behind on alimony, the recipient can pursue enforcement under 23 Pa.C.S. § 3703. Remedies include entry of judgment, wage garnishment (up to 50%), attachment of assets, interest on unpaid installments, and contempt of court (with potential jail time up to six months). Counsel fees can also be awarded to the recipient.

Unlike child support, alimony arrearages do not accrue automatically through the Domestic Relations Section if payments are made outside the system. You should route all alimony through the court's Domestic Relations Section to create a clear payment record.

Practical Considerations

Alimony outcomes depend heavily on the facts: length of marriage, earnings differential, age and health of both parties, contributions to the marriage, and future earning potential. The factors are flexible, and reasonable attorneys can disagree about what alimony "should" be. This is why settlement negotiations matter.

If you are seeking alimony, document your need clearly. If you are opposing alimony, gather evidence of the other spouse's earning capacity and any changes in circumstances since the marriage. Both sides should understand the tax implications of any settlement.

Legal and factual content on this page was last verified: Aug. 2026. If you are reading this significantly after that date, confirm key provisions with current statute text or contact our office.