Support is financial assistance that one spouse may be required to pay to the other to help meet reasonable living expenses, particularly when one spouse earns substantially more than the other. Our alimony lawyers in Harrisburg, PA can help you address support before, during, and after divorce. Understanding your rights and obligations early can help you make informed decisions about your financial future.

Types of Support

Pennsylvania law recognizes several types of financial support that may apply at different stages of a separation or divorce:

• Spousal support is paid while spouses are separated but still married.

• Alimony pendente lite (APL) is paid during divorce proceedings.

• Alimony is paid after the divorce.

Spouses may be able to reach an agreement on support rather than asking the court to decide every issue. Once approved by the court, the agreement can become a court order, enforceable under Pennsylvania law.

Factors Courts Consider

23 Pa.C.S. § 3701 requires the court to consider relevant factors when deciding if alimony is necessary and the amount, duration, and manner of payment. Those factors include:

• Each spouse’s income and ability to earn income

• Each spouse’s age and disability status

• Each spouse’s assets and debts

• Each spouse’s financial needs

• How long the marriage lasted and the standard of living during the marriage

• Contributions one spouse made to the other’s education, training, or ability to earn more money

• How caring for a minor child affected a spouse’s ability to work

• Each spouse’s education and how much additional education or training may be needed for the spouse seeking alimony to obtain appropriate employment

• Property that either spouse owned before the marriage

• A spouse’s contributions as a homemaker

• Marital misconduct that occurred during the marriage

The amount of support awarded depends on your specific circumstances. The taxes that apply to alimony depend on when the agreement was made. For agreements made before 2019, alimony is generally taxable to the spouse receiving it and deductible by the spouse paying it. For agreements made after 2018, alimony is generally not taxable to the recipient and not deductible by the payer.

Duration, Modification, and Enforcement

Pennsylvania law does not impose one universal duration for every alimony award. Instead, the court may order alimony for a definite or indefinite period that is reasonable for your unique situation. 

A spouse can request a modification to the order if there is a substantial change in circumstances, such as changes in income, employment, or financial needs. However, modifications generally apply only to payments that become due after the request is filed, making it vital to file promptly.

Under 23 Pa.C.S. § 3703, if a spouse falls behind on alimony, the court may seize certain property, collect income from their real estate, or garnish 50% of their wages. Interest may be added to unpaid payments. If the paying spouse purposefully failed to follow the support order, they may be held in contempt and, in some circumstances, be imprisoned for up to six months. 

Our Harrisburg Spousal Support Lawyers Can Explain Your Options

Divorce can be a difficult and complicated process, and understanding how Pennsylvania’s support laws apply to your specific circumstances can be challenging. Mette Attorneys at Law helps residents of Harrisburg and Central Pennsylvania understand support options and how they fit into the larger financial picture of divorce. Contact our spousal support attorneys in Harrisburg, PA today online or by calling 717-232-5000 to discuss your situation with our lawyers.