Alimony & Spousal Support in Pennsylvania

When a marriage ends, one income often has to cover two households. Pennsylvania law offers three kinds of financial support between spouses: spousal support, alimony pendente lite (APL), and alimony. Which one applies depends on where you are in the separation and divorce process. Each has its own rules for how much is paid, how long it lasts, and which defenses are available. Graff & Associates, LLC represents both spouses who need support and spouses asked to pay it, throughout Philadelphia, Montgomery County, Bucks County, and Delaware County. Your first consultation is free.

Spousal support vs. alimony: what’s the difference in Pennsylvania?

People often use “spousal support” and “alimony” to mean the same thing, but Pennsylvania treats them as separate claims.

	Spousal support	Alimony pendente lite (APL)	Alimony
When	After separation, with no divorce filed	From the filing of the divorce complaint until the final decree	After the divorce is final
How the amount is set	Statewide guideline formula	Same guideline formula	Judge weighs 17 factors; no formula
Is fault a defense?	Yes. Conduct that would be grounds for a fault divorce can bar it	No	Marital misconduct is one factor
Where it’s decided	County Domestic Relations Section	Domestic Relations Section, within the divorce case	Divorce court (master or judge), or by agreement
Law	23 Pa.C.S. Ch. 43; Pa.R.C.P. 1910.16-4	23 Pa.C.S. § 3702	23 Pa.C.S. § 3701

Spousal support and APL can’t be in effect at the same time (Pa.R.C.P. 1910.16-1(c)). If spousal support is already in place when the divorce is filed, the paying spouse may ask to convert it to APL. After conversion, fault is no longer a defense. Choosing which claim to file, and when to file it, is a strategy decision.

Spousal support

Spousal support is available to a married spouse who has separated but hasn’t filed for divorce, or who doesn’t plan to. You file a support complaint with the Domestic Relations Section in the county where you live. Support is generally owed from the date you file, so waiting can cost you money.

The guideline formula uses each spouse’s monthly net income (Pa.R.C.P. 1910.16-4):

• No children: 33% of the higher earner’s net income, minus 40% of the lower earner’s net income.
• With children: Child support is calculated first. Then 25% of the higher earner’s remaining net income, minus 30% of the lower earner’s net income.

Example: If one spouse nets $8,000 a month and the other nets $3,000, guideline spousal support is $2,640 − $1,200 = $1,440 per month.

The formula sets a presumptive amount, and the court can deviate from it based on factors such as unusual needs, other support obligations, assets, and the length of the marriage. A spouse who has the other spouse’s conduct on their side has a defense here that disappears once a divorce is filed. That conduct must rise to the level of grounds for a fault divorce, such as adultery or indignities.

Alimony pendente lite (APL)

APL is temporary support while a divorce is pending. It helps the lower-earning spouse pay living expenses and litigation costs, so both sides can participate on more equal footing. It uses the same formula as spousal support, but marital misconduct is not a defense. It usually ends when the divorce decree is entered. For calculations, timing, and counsel fees, see our Alimony Pendente Lite page.

Alimony after divorce

Pennsylvania courts treat alimony as a secondary remedy. A judge awards it only after finding it necessary, usually when equitable distribution of the marital property doesn’t leave one spouse able to meet reasonable needs. There is no formula. Under 23 Pa.C.S. § 3701(b), the court considers 17 factors, including:

• Each spouse’s earnings and earning capacity
• Age and physical, mental, and emotional health
• The length of the marriage
• The standard of living during the marriage
• Contributions as a homemaker, and contributions to the other spouse’s education or earning power
• The effect of caring for minor children on a spouse’s ability to earn
• The time and education needed to become self-supporting
• Each spouse’s assets and liabilities, including property received in the divorce
• Marital misconduct during the marriage (misconduct after separation generally doesn’t count, except abuse)
• Tax consequences

Alimony can be paid for a set period or, less often, indefinitely. Courts generally prefer awards that give the receiving spouse time to become self-supporting.

How long does alimony last in Pennsylvania?

Pennsylvania has no fixed formula for how long alimony lasts. The court sets a duration that is reasonable given the 17 factors, and the length of the marriage carries significant weight. Alimony ends:

• When a set end date in the order or agreement is reached
• When the receiving spouse remarries
• When either spouse dies
• When the court finds the receiving spouse is cohabiting, as defined in 23 Pa.C.S. § 3706, which bars alimony. The paying spouse must raise and prove it.

Can alimony be modified?

Court-ordered alimony can be modified, suspended, or ended if either spouse shows a substantial and continuing change in circumstances, such as involuntary job loss or a serious health change. Changes generally apply from the date the petition is filed, so file promptly. Alimony set in a marital settlement agreement may not be modifiable if the agreement says so. Those terms are worth negotiating carefully before you sign.

Is alimony taxable?

For divorce or separation agreements and orders entered after December 31, 2018, alimony and spousal support are not deductible by the paying spouse and are not taxable income to the receiving spouse for federal tax purposes. Pennsylvania’s guideline percentages were adjusted to reflect that change. Older orders may follow the prior rules. Talk to your tax advisor about your situation.

How Graff & Associates can help

Whether you’re asking for support or being asked to pay it, the outcome depends on timing, accurate income figures, and choosing the right claim. We:

• Advise on whether to file for spousal support, APL, or both in sequence
• Calculate guideline support and challenge or defend deviations, including imputed income for a spouse who is underemployed
• Raise or defend against entitlement defenses based on marital misconduct
• Negotiate alimony terms in your settlement agreement, including amount, duration, and whether it can be modified
• File or defend petitions to modify or end alimony, including cohabitation claims