Marc R. Lynde, Esq.
Alimony in Pennsylvania is not automatic. The court must find that alimony is "necessary" before ordering it (23 Pa.C.S. § 3701(a)). But when the court does award alimony, it applies 17 statutory factors, can define duration flexibly, and can modify or terminate the award if circumstances substantially change. Understanding the distinction between alimony pendente lite (during the divorce), spousal support (during separation), and post-divorce alimony is essential to evaluating your case.
Alimony pendente lite is temporary support paid during the divorce process, from the filing of the complaint until the divorce decree is entered (23 Pa.C.S. § 3702). The purpose is to level the playing field during litigation, ensuring that 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 financial circumstances. However, absent extraordinary circumstances, if one spouse has significantly greater income and assets, APL is likely.
APL terminates automatically when the divorce decree is entered. 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.
Between the filing of the divorce complaint and the entry of the divorce decree, there is often a period when both parties are separated but the divorce is not final. During this period, one spouse may request "spousal support": a term distinct from APL. Like APL, spousal support is temporary and terminates when the divorce is entered. The statute treats APL and spousal support similarly, and courts apply the same § 3701 factors to both.
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 is paid after the divorce decree is entered and continues indefinitely unless modified or terminated. Under § 3701(a), the court may award post-divorce alimony to either party if the court finds that alimony is "necessary."
The term "necessary" is not defined in the statute, but Pennsylvania courts interpret it broadly. Necessity can mean that the receiving spouse lacks sufficient property or earning capacity to be self-supporting, or that the circumstances justify ongoing support based on the statutory factors. It does not mean poverty; it means a demonstrated need.
In determining whether alimony is necessary and in setting the amount, duration, and manner of payment, the court must consider all relevant factors, including:
Courts do not apply each factor equally. Some factors (earnings capacity, duration of marriage, standard of living) typically carry more weight. The court is required to set forth the reasons for its award or denial in writing (§ 3701(d)).
The court determines the duration of the alimony award, 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.
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 sufficient. The former spouse can petition to suspend or terminate alimony once cohabitation is proven. Burden of proof is on the person claiming cohabitation.
In our practice, we've seen significant disputes over what constitutes "cohabitation." 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 constitute cohabitation. Maintaining a household together is.
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." This means either spouse can petition the court 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 either party terminates alimony (23 Pa.C.S. § 3707).
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 divorces finalized on or after January 1, 2019.
For divorces finalized before January 1, 2019, alimony is deductible by the payor and includable in income by the recipient (under former I.R.C. § 215). For divorces finalized on or after January 1, 2019, alimony has no tax effect at the federal level.
This is a substantial change. For older decrees (pre-2019), the tax treatment affects the bargaining positions of both parties. For new decrees, there is no federal tax benefit to alimony, 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 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. Do not miss either claim in your divorce complaint.
APL Requires an Active Petition
Alimony pendente lite is not automatic. You must file a petition for APL with the court during the divorce. If you do not raise it early, you may waive your right to it. Discuss APL with your attorney at the start of the divorce process.
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.
In our practice, we've found that alimony outcomes depend heavily on the specific 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.
Statutory content on this page was last verified against Pennsylvania statutes (23 Pa.C.S.) and tax law: March 2026 . If you are reading this significantly after that date, confirm key provisions with current statute text or consult a tax professional.
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