How Is Alimony Calculated in Pennsylvania?
Pennsylvania has no formula for post-divorce alimony. Under 23 Pa.C.S. 3701(a), a judge may award alimony "only if it finds that alimony is necessary," and then sets the amount and duration by weighing 17 factors listed in 3701(b), including each spouse's earnings and earning capacity, the length of the marriage, the standard of living during the marriage and whether the spouse asking for alimony can support themselves through appropriate employment.
Taxes are part of the analysis, because one of the 17 factors directs the court to consider "the Federal, State and local tax ramifications of the alimony award." For divorce or separation agreements executed after 2018, IRS Topic 452 says the paying spouse cannot deduct alimony and the receiving spouse does not include it in gross income. The Pennsylvania Department of Revenue lists alimony among items that are not subject to Pennsylvania personal income tax (Answer 1480, updated March 5, 2026). For agreements executed after 2018, that means the recipient generally owes neither federal nor Pennsylvania income tax on alimony, and the payor gets no federal deduction. This post explains the difference between spousal support, alimony pendente lite and alimony, the factors a judge weighs, how long alimony lasts and what ends it.
What Is Alimony in Pennsylvania?
Alimony is financial support one former spouse pays the other after a divorce decree is entered, when a court finds it necessary to meet the receiving spouse's reasonable needs. It is separate from property division, and it is separate from child support.
Pennsylvania actually has three kinds of spousal financial support, and they apply at different stages of a separation or divorce.
How Are Spousal Support and APL Different From Alimony?
Spousal support is support one spouse pays the other while they are still married.
Alimony pendente lite (APL) is support paid while a divorce case is pending. Under 23 Pa.C.S. 3702, the court may grant reasonable APL, spousal support and reasonable counsel fees and expenses, and it can require health insurance coverage for the dependent spouse while the case is pending. Section 3702 also bars a party convicted of a personal injury crime against the other spouse from receiving spousal support or APL, unless the court finds an order necessary to prevent manifest injustice.
Alimony is awarded after the divorce decree.
Spousal support and APL are calculated under Pennsylvania's statewide support guidelines, which use an income-based formula. Alimony is not. It is a judgment call guided by the 3701(b) factors, which is why two couples with similar incomes can end up with very different alimony outcomes.
What Factors Do Judges Use to Set Alimony?
Section 3701(b) lists 17 factors. In plain terms, the court considers:
Each party's earnings and earning capacity
Each party's age and physical, mental and emotional condition
Each party's other income sources, such as medical, retirement, insurance or other benefits
Expectancies and inheritances
The length of the marriage
Contributions by one party to the other's education, training or increased earning power
How serving as custodian of a minor child affects a party's earning power, expenses or financial obligations
The standard of living established during the marriage
Each party's education and the time needed to get training to find appropriate employment
Each party's assets and liabilities
Property brought into the marriage
Contributions as a homemaker
Each party's relative needs
Marital misconduct during the marriage
The federal, state and local tax effects of the alimony award
Whether the party seeking alimony lacks enough property, including property received in equitable distribution, to meet reasonable needs
Whether the party seeking alimony is incapable of self-support through appropriate employment
How Marital Misconduct Is Treated
Factor 14 has a limit built in. The statute says marital misconduct from the date of final separation "shall not be considered" in alimony decisions, "except that the court shall consider the abuse of one party by the other party." Conduct during the marriage can be weighed, but post-separation behavior generally cannot, unless it is abuse.
How Property Division Affects Alimony
Factor 16 ties alimony to equitable distribution. A spouse who receives enough property in the divorce to meet reasonable needs has a weaker claim to alimony, which is one reason to look at alimony and property division together. Our post on how property is divided in a Pennsylvania divorce explains the equitable distribution side.
How Long Does Alimony Last in Pennsylvania?
There is no set duration formula. Under 3701(c), the court decides the duration, which "may be for a definite or an indefinite period of time which is reasonable under the circumstances." Length of the marriage, age, health and the time needed to become self-supporting all feed into that decision through the 3701(b) factors.
Two factors bear directly on duration: the time a spouse needs for education or training to find appropriate employment (factor 9), and whether the spouse is incapable of self-support through appropriate employment (factor 17).
Can Alimony Be Changed or Ended?
Yes, in several ways.
Changed circumstances. Under 3701(e), an order can be modified, suspended, terminated or reinstated upon changed circumstances of either party "of a substantial and continuing nature." Any change applies only to payments accruing after the petition is filed, so waiting to file can cost money.
Remarriage. Remarriage of the party receiving alimony terminates the award under 3701(e).
Cohabitation. Under 23 Pa.C.S. 3706, a petitioner who, after the divorce, has entered into cohabitation with a person of the opposite sex who is not a family member is not entitled to receive alimony.
Death. Under 23 Pa.C.S. 3707, the right to receive alimony ends when the recipient dies, and the obligation to pay ends when the payor dies unless an agreement or court order says otherwise.
Parties who settle can put alimony terms in a written agreement. Section 3707 itself recognizes that an agreement can keep the payment obligation alive after the payor's death, which shows how much the exact wording matters.
How Should You Prepare for an Alimony Claim?
Because the court weighs so many factors, documentation drives the outcome.
Gather recent tax returns, pay stubs and benefit statements for both spouses
Build a realistic monthly budget of reasonable needs
Document the standard of living during the marriage
Collect records on health, education and job history that bear on earning capacity
List property each spouse brought into the marriage
If the divorce has not been filed yet, our post on how to file for divorce in Westmoreland County covers the first steps. If children are involved, support for them is set separately, as explained in how child support is calculated in Pennsylvania, and factor 7 means custody arrangements can affect alimony too. Our post on the factors that determine child custody in Pennsylvania explains that side.
FAQ
Is there an alimony calculator for Pennsylvania?
Not for post-divorce alimony. Spousal support and APL follow the statewide guideline formula, but alimony is decided case by case under the 17 factors in 23 Pa.C.S. 3701(b).
Does Pennsylvania tax alimony?
The Pennsylvania Department of Revenue lists alimony as income not subject to Pennsylvania personal income tax. Federally, alimony under agreements executed after 2018 is not deductible for the payor and not included in the recipient's income, according to IRS Topic 452.
Does cheating affect alimony in Pennsylvania?
Marital misconduct during the marriage is one of the 17 factors. Misconduct after the date of final separation is not considered, except for abuse of one party by the other.
Does alimony end if my ex moves in with someone?
It can. Section 3706 bars a petitioner who cohabits after the divorce with a person of the opposite sex who is not a family member from receiving alimony.
Can alimony be permanent in Pennsylvania?
The court can order alimony for a definite or an indefinite period. Even an indefinite award can be modified or ended later if circumstances change substantially and continuously.
What is the difference between APL and alimony?
APL is paid while the divorce is pending. Alimony is paid after the divorce decree.
Talk to a Divorce and Alimony Attorney at Bolkovac Law Offices
Bolkovac Law Offices represents clients seeking or contesting spousal support and alimony across Western Pennsylvania. Attorney Elizabeth J. McCall has practiced law in Pennsylvania since 2000, has handled family law cases in Westmoreland County for the past 20 years, and serves as a hearing officer for divorce cases when appointed by the court. The firm has offices in Greensburg, Indiana, Murrysville and Uniontown and offers free telephone consultations. Learn more about our spousal support and alimony services and our divorce and legal separation practice.
Visit Bolkovac Law Offices or call 724-837-2626 today. Contact us for more information.
The information in this article is for general information purposes only and should not be taken as legal advice for any individual case or situation. Reading this article does not create an attorney-client relationship. Every case is different and outcomes depend on the specific facts involved. To discuss your situation, contact Bolkovac Law Offices at 724-837-2626.
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