Sep 3, 2025

Get to Know Pennsylvania’s Alimony Laws

Finances

Alimony—also known as spousal support—is a post-divorce financial payment one spouse may be required to make to the other. In many divorce cases, especially when one spouse significantly out-earns the other, alimony becomes a key issue. These payments are intended to help the lower-earning spouse transition toward financial independence and can play a vital role in ensuring both parties have a fair chance at rebuilding their lives after divorce.

But the question we often hear is: “Am I entitled to alimony?”

In Pennsylvania, the answer may surprise you.

Is Alimony Guaranteed in Pennsylvania?

No. Unlike child support, alimony is not automatically granted in Pennsylvania. The court has broad discretion and isn’t required to award alimony in every divorce. Instead, the decision is based on 17 specific factors outlined in Section 3701 of the Pennsylvania Divorce Code. A spouse must formally request alimony—either through court pleadings or during divorce mediation.

The 17 Alimony Factors in PA

Here are the 17 alimony factors considered by the PA courts (from Section 3701 of the PA Divorce Code). During divorce mediation, these are thoroughly discussed to achieve the fairest alimony settlement possible.

• The relative earnings of both spouses.
• The duration of the marriage.
• The ages and physical, mental, and emotional states of the two spouses.
• The sources of income of both spouses. This includes medical, retirement, insurance, or other benefits.
• The expected future earnings and inheritances of the two spouses.
• The degree to which one spouse has contributed to the other spouse’s education, training, or increased earning potential.
• The degree to which a spouse will be financially affected by their position as the custodian of a minor child.
• The standard of living of the spouses established during the marriage.
• The relative education of the parties. 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.
• The relative assets and liabilities of the two spouses.
• The property each spouse brought to the marriage.
• The degree to which a spouse contributed as a homemaker.
• The relative needs of the two spouses.
• The marital misconduct of either of the spouses during the marriage. “Abuse” is in this context shall have the meaning given to it under Section 6102.
• The federal, state, and local tax consequences of the alimony.
• Whether the spouse seeking alimony lacks sufficient property, including items in Chapter 35 relating to property rights, to provide for their reasonable needs.
• Whether the spouse seeking alimony is incapable of supporting themselves through appropriate employment.

Practical Application of Alimony

Alimony decisions ultimately revolve around financial necessity. Two especially influential factors are:

• Length of the marriage
• Income disparity between the spouses

Generally, the longer the marriage and the greater the gap in income, the more likely a court is to award alimony. Understanding how alimony is calculated in PA also requires looking at the 17 statutory factors, which include each spouse’s earning capacity, contributions during the marriage, standard of living, and overall financial need. Judges weigh these factors to determine not only if alimony is appropriate but also how much should be awarded.

Duration of Alimony

There is also the question of how long one spouse will have to pay alimony to the other spouse. In many Pennsylvania county courts, there is an unspoken rule of thumb that a lower-earning spouse should receive one year of alimony for every three years of marriage. This can create some confusion for people, as it is not a hard and fast rule or law. Accordingly, while there is no entitlement for alimony in Pennsylvania, the court must determine that alimony is necessary based on the 17 factors and further determine the duration of alimony, which is a purely discretionary decision.

Mediation and Alimony Negotiations

During mediation, an experienced attorney-mediator can guide both parties through Pennsylvania’s alimony framework. This includes:

• Educating both individuals on the 17 alimony factors
• Navigating the need, amount, and duration of alimony
• Facilitating a fair and balanced negotiation process

Mediation provides a more collaborative and transparent way to resolve alimony disputes. The parties walk away not only with a mutually agreed-upon decision, but also with a clear understanding of how and why the decision was reached.

Tax Treatment of Alimony in Pennsylvania

A final—but important—consideration when discussing alimony is how it’s treated for tax purposes. Prior to 2019, the law allowed alimony payments to be deducted by the spouse making the payments, while the recipient was required to report those payments as taxable income. This structure often influenced how alimony amounts were negotiated.

However, with the passage of the federal Tax Cuts and Jobs Act in 2017, that arrangement changed significantly. For divorces and separation agreements finalized on or after January 1, 2019, alimony payments are no longer tax-deductible for the payor. At the same time, the person receiving alimony no longer reports those payments as income. While this change originated under federal law, Pennsylvania has adopted the same standard, and these tax implications continue to shape how alimony agreements are structured today.

Need Help Navigating Alimony?

Alimony can be confusing and emotionally charged, but with the right support, it’s possible to achieve a fair resolution that benefits both parties. At the Alpha Center for Divorce Mediation, we help you understand your rights and obligations and work toward a mutually agreeable resolution.

If you have any questions or would just like information about how Alpha’s mediation program may work for you, please reach out to us at Alpha Center for Divorce Mediation. Michael Hughes, Esq. is an attorney-mediator with the Alpha Center for Divorce Mediation. He can be reached at 800-310-9085 at mehughes@alpha-divorce.com.