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In Pennsylvania, alimony — or spousal support after divorce — is not automatic. Instead, the court evaluates whether one spouse should financially support the other based on 17 specific legal factors. These factors are laid out in 23 Pa. C.S. § 3701 and help ensure that any award is fair, reasonable, and appropriate.
At Cooper Family Law, we guide individuals in Philadelphia and across Southeastern Pennsylvania through the complex decisions surrounding alimony with clarity and compassion.
When deciding whether to award alimony, and for how long and how much, Pennsylvania courts consider:
1. Earnings and earning capacity of both parties
Including education, job skills, and past work history.
2. Ages and physical, mental, and emotional health of each spouse
Health conditions can impact the ability to work or be self-supporting.
3. Sources of income, including retirement benefits and investments
This includes income from all sources — not just employment.
4. Expectations of inheritances
Future financial prospects may affect whether support is needed.
5. Length of the marriage
Longer marriages often justify longer or more substantial support.
6. Contribution of one spouse to the education or career of the other
Sacrifices made to support the other’s career path are taken into account.
7. Standard of living established during the marriage
Courts seek to avoid significant financial disparity post-divorce.
8. Education of each spouse
This includes how long it would take for a spouse to gain sufficient training to be self-sufficient.
9. Assets and liabilities of each party
Courts evaluate property distribution and any financial burdens already assigned.
10. Property brought to the marriage
Pre-marital property can influence financial need or ability to pay.
11. Contributions as homemaker
Non-financial contributions, like raising children or managing the home, are valued.
12. Needs of each party
This includes housing, childcare, medical needs, and overall financial obligations.
13. Marital misconduct
Misconduct (e.g., adultery) occurring before separation can influence alimony decisions.
14. Tax consequences
The court considers how alimony payments would affect each spouse’s taxes.
15. Whether the party seeking alimony is the custodian of a minor child
Especially if child care duties make working full-time difficult.
16. Lack of sufficient property to provide for reasonable needs
If equitable distribution doesn’t provide enough, alimony may help close the gap.
17. Other relevant equitable factors
Judges have discretion to consider unique or compelling circumstances.
No. Alimony is discretionary, meaning it is only awarded when justified by the circumstances. Some couples may reach their own agreement, which the court can approve.
If no agreement exists, the judge will evaluate the 17 factors and issue a decision based on fairness and evidence.
There is no fixed formula, but courts often base the duration on:
Length of the marriage
Time needed to become self-supporting
Age and health of the recipient spouse
Alimony may be:
Temporary (rehabilitative)
Permanent (in rare, long-term cases)
Lump-sum or monthly payments
It may end automatically upon:
Remarriage of the receiving spouse
Death of either spouse
Cohabitation with a new partner in some cases
These factors are not weighed equally — rather, they provide a holistic picture of the financial and personal circumstances of both spouses. The court’s goal is to avoid unfair hardship while promoting eventual self-sufficiency.
Important: Alimony is considered separate from spousal support (pre-divorce) and alimony pendente lite (APL) (temporary post-filing support). These are calculated differently.
23 Pa. C.S. § 3701 – Spousal support and alimony factors
Pa. R.C.P. 1910.1 et seq. – Rules related to support proceedings
Family courts in Philadelphia, Bucks, Montgomery, Chester, and Delaware Counties follow the same state law but may interpret factors differently based on local judicial preferences. An experienced local attorney can help present your case effectively in your county.
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Determining whether alimony applies — and how much is fair — requires a deep understanding of your family’s financial landscape and future goals. At Cooper Family Law, we walk clients through each of Pennsylvania’s 17 factors and help advocate for just, thoughtful outcomes.
Contact us today to schedule a consultation and learn how these factors may apply in your case.
Use the button below to book your consultation easily online.
The best way to understand how Cooper Family Law can support you is by hearing directly from those we’ve helped. Our clients consistently praise our attentive service, thoughtful legal guidance, and successful outcomes. Read through our client testimonials to see why families across the Philadelphia region trust us with their most important legal matters.
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