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Spousal Support in PA

Spousal Support in PA


Guide to Spousal Support in PA


How is Spousal Support in PA Calculated?


The state of Pennsylvania has very defined and strict guidelines for spousal maintenance.  Spousal support in PA is calculated several different ways depending on the income of the partners, and variety of different factors can affect the total amount of received by a particular party.  Judges will usually use the formula after they have established the adjusted gross income of both parties to the best of their ability, but a judge may decide not to use the formula if they choose.  


You should also note that the formula only provides a rough estimate for the adjusted net incomes.  The calculator on this website uses the unique formula of Pennsylvania, but your actual amount of spousal support in PA may change.  The following formula is used for spousal support in PA:


Total amount of maintenance = (Supporting party’s net income – supported party’s net income) X 40% (if there is no child support), or 30% if there is child support.  


The formula is only valid for parties that have a combined monthly income of $15,000 or less and there are 6 or fewer children.  This calculation for spousal support in PA falls under Civil Procedure 1910.16-4(a), and the guidelines allow the calculation to be used for temporary maintenance as well.  


What are the different kinds of Spousal Support in PA?


There are two main types of spousal support in PA.  The types of maintenance are described below:


Rehabilitative Support- this type of spousal support in PA is a short-term solution that allows a spouse in need to become more financially stable.  The spouse may use this type of support to go back to school or acquire more vocational experience in order to become more hirable.  The most common people to receive this type of support are those who have taken on roles as the homemaker in the past or have taken care of raising the children.  


Permanent Support- the state of Pennsylvania has no time limit for receiving maintenance.  If the support is not rehabilitative, a spouse may receive permanent support all the way up to their death.  A partner is usually awarded this type of maintenance in Pennsylvania if they have a mental or physical illness.  However, this type of support may be awarded if the other spouse made reoccurring, unreasonable expenditures that severely limited the amount of joint marital property.  


Deviational Factors


Some factors may influence the total amount of spousal support in PA.  Some of these factors are listed below:


• financial resources of the spouse wanting support

• the ability of both partners to meet their needs independently

• the education and vocational skills of each spouse

• the duration of the marriage

• the age, health, employment history, and earning potential of the spouse wanting support

• the financial resources of each spouse including medical and life insurance

• the contribution from each spouse to the others education, and each party’s contribution as a homemaker

• any marital misconduct such as adultery

• individual, pre-marital property

• tax consequences on each spouse after the divorce


How Can I find forms for Spousal Support around Pennsylvania?


There are different forms around the state of PA for spousal support in different counties.  You should consider visiting your County Clerk to obtain the right documents, and you will also have to return these completed documents in order to apply for spousal support.  The following forms are under the York County Judicial Council and serve as examples of forms you may need in Pennsylvania:


• Income Statement

• Petition for APL (Alimony Pendente Lite)

• Petition to Modify APL