When going through a divorce in Pennsylvania, alimony or spousal support can be a major point of contention. While some spouses may assume they are entitled to financial support, Pennsylvania courts do not automatically grant alimony.
If you're dealing with a difficult divorce or struggling to get alimony, our Family Law Team at the LLF Law Firm can help. Call 888-535-3686 or send us your information via our contact form.
Reasons to Deny Alimony in Pennsylvania
There are several reasons why a request for alimony or spousal support might be denied by the courts:
Short Duration of the Marriage
Generally, shorter marriages are less likely to result in alimony awards. If a couple has only been married for a few years, the court may decide that financial support is unnecessary or that both spouses are capable of supporting themselves independently.
Both Spouses Have Similar Incomes
Alimony is designed to provide financial assistance to a disadvantaged spouse who may struggle to maintain their standard of living post-divorce. If both spouses earn similar incomes or have comparable earning capacities, the court may not see a need for alimony.
The Dependent Spouse Is Capable of Self-Support
If the spouse requesting alimony has the education, skills, and ability to earn a sufficient income, the court may refuse to grant financial support. Even if the requesting spouse has been out of the workforce for more than a few years, the court may determine that they have the potential to become financially independent.
Marital Misconduct and Fault-Based Considerations
Pennsylvania doesn't generally consider fault when awarding alimony, but certain types of misconduct—such as adultery—may impact whether support is granted.
Cohabitation After Separation
If the dependent spouse is living with a new partner in a romantic relationship, the court may refuse alimony because they are receiving financial support from their new partner.
Significant Assets or Financial Resources
If the spouse requesting alimony has substantial assets, savings, real estate holdings, inheritance, or investments that allow them to maintain their standard of living, the court may determine that financial support is unnecessary.
Prenuptial or Postnuptial Agreements
If the spouses signed a prenuptial or postnuptial agreement that waives alimony, the court will generally uphold that agreement unless there is evidence of fraud, coercion, or unfairness when the agreement was signed.
The Paying Spouse's Financial Hardship
The court will also consider whether the paying spouse can reasonably afford to provide alimony. If the paying spouse has significant financial obligations, such as child support, medical expenses, or other debts, they may not be required to pay spousal support.
Alimony Pendente Lite vs. Post-Divorce Alimony
In cases where one spouse provided alimony pendente lite (temporary support during divorce proceedings), the court may decide that ongoing support is unnecessary after the divorce is finalized. If the dependent spouse had time to prepare for financial independence, alimony may be denied.
The LLF Law Firm Can Help with Your Difficult Alimony Case
While alimony can provide crucial financial support for a disadvantaged spouse, it is not a guarantee in Pennsylvania. If you're facing a divorce and have questions about spousal support, contact the LLF Law Firm's Family Law Team. We can review your situation and discuss your best options with you.
Call 888-535-3686 or fill out our online form with your information to schedule a consultation with us.
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