Last updated 2026-07-09
TL;DR
Pennsylvania recognizes three types of spousal support: APL (alimony pendente lite, paid during the case), post-divorce alimony, and alimony in gross. There is no statutory formula for amount or duration. Judges weigh 17 factors listed in 23 Pa. C.S. § 3701. Spouses can skip the court's discretion entirely by negotiating a settlement agreement, which most uncontested divorces do.
What does Pennsylvania law actually say about alimony?
Pennsylvania's alimony statute is 23 Pa. C.S. § 3701. It says a court "may allow alimony" after a divorce decree is entered. That word "may" is doing a lot of work. Alimony here is not automatic, not guaranteed, and not calculated from a fixed formula the way child support is. A judge has wide discretion. Two nearly identical cases can produce very different outcomes depending on the judge, the county, and how well each side presents the evidence.
The statute lists 17 factors a court must consider before awarding alimony. They cover each spouse's earnings and earning capacity, the length of the marriage, the standard of living during the marriage, contributions as a homemaker, marital misconduct, and whether the receiving spouse helped put the other through school or training. The law also says alimony is meant to be rehabilitative. Its purpose is to help a lower-earning spouse become self-supporting, not to be a permanent income stream. [1]
This distinction matters in practice. Pennsylvania courts are not trying to equalize incomes forever. They ask a narrower question: how long does this spouse need financial help to get back on their feet, and what's fair during that period? That framing shapes everything about how alimony works in the state.
If you and your spouse agree on support terms yourselves, the statute mostly steps aside. A negotiated alimony agreement written into a marital settlement agreement and incorporated into the divorce decree is enforceable just like a court order, and you control the terms instead of a judge.
What are the three types of alimony in Pennsylvania?
Pennsylvania has three distinct categories of spousal support, and mixing them up causes real confusion.
Spousal support / Alimony pendente lite (APL)
Spousal support applies during separation, before any divorce action is filed. Once a divorce complaint is filed, it converts to APL, which stands for "alimony pendente lite," Latin for "alimony pending the lawsuit." APL is actually calculated from a formula: 40% of the difference in the parties' net monthly incomes, adjusted downward if child support is also being paid. [2] That makes APL more predictable than post-divorce alimony. APL ends the moment the divorce decree is entered.
Post-divorce alimony
This is what most people mean when they say "alimony." It begins after the divorce decree and runs through the 17-factor analysis under § 3701. Amount and duration are entirely up to the court, or to the agreement of the parties. There is no Pennsylvania rule that says "one year of alimony for every three years of marriage" or anything close. Some awards last two years. Some run longer. A 25-year marriage where one spouse left the workforce entirely looks very different from a five-year marriage where both spouses worked. [1]
Alimony in gross
This is a lump-sum payment instead of ongoing monthly support. It is fixed at the time of the order and cannot be modified later, no matter what changes. Courts use it less often, but spouses can agree to it in a settlement. If you want certainty and a clean break, a lump sum has real appeal. Neither party has to worry about future modification fights.
What are the 17 factors Pennsylvania judges use to decide alimony?
Pennsylvania law at 23 Pa. C.S. § 3701(b) lists these factors explicitly. Judges must consider all of them, but they don't weight them equally, and the statute never says which factor wins when they conflict. [1]
| # | Factor |
|---|---|
| 1 | Relative earnings and earning capacities of the parties |
| 2 | Ages and physical, mental, and emotional condition of the parties |
| 3 | Sources of income, including medical, retirement, insurance, or other benefits |
| 4 | Expectancies and inheritances of the parties |
| 5 | Duration of the marriage |
| 6 | Contributions by one party to the education, training, or earning power of the other |
| 7 | Standard of living of the parties during the marriage |
| 8 | Marital and separate property of each party |
| 9 | Relative needs of the parties |
| 10 | Marital misconduct of either party (this includes adultery) |
| 11 | Federal, state, and local tax consequences of the alimony award |
| 12 | Whether the party seeking alimony lacks sufficient property to provide for reasonable needs |
| 13 | Whether the party seeking alimony is incapable of self-support through appropriate employment |
| 14 | Whether the party seeking alimony is the custodian of a child whose condition makes it inappropriate for that party to seek outside employment |
| 15 | Relative assets and liabilities of the parties |
| 16 | Property brought to the marriage by either party |
| 17 | Contribution of a spouse as homemaker |
A few factors move the needle most in practice: the length of the marriage, the earnings gap between the spouses, whether one spouse left the workforce for family reasons, and the standard of living. Adultery (factor 10) bars the adulterous spouse from receiving alimony in Pennsylvania. That is one of the harder-edged rules in the statute, and it applies to post-divorce alimony specifically. [1]
Tax treatment deserves a note. Federal law changed in 2019 under the Tax Cuts and Jobs Act. For divorce agreements signed after December 31, 2018, alimony is no longer deductible by the payer or taxable income for the recipient. [3] That flipped the old math entirely, and factor 11 (tax consequences) has less bite than it once did for most couples.
How long does alimony last in Pennsylvania?
There is no statutory cap or default duration in Pennsylvania. Judges set the term based on the facts in front of them. [1]
The rough heuristic you'll hear from family lawyers is about one year of alimony for every three to five years of marriage, but Pennsylvania courts are not bound by that and sometimes stray far from it. A short marriage with a large income gap might produce a smaller award over a shorter period. A 20-plus-year marriage where one spouse was a full-time homemaker could result in a much longer award, sometimes indefinite in extreme cases involving age or disability.
Rehabilitating the lower-earning spouse is the stated goal. So courts often tie duration to how long it will realistically take that spouse to finish education or training, enter or re-enter the workforce, and reach a reasonable level of self-support. Bring a concrete plan ("I need 18 months to finish my RN degree and then I'll be earning $65,000") and a judge will often structure the award around that timeline.
Alimony terminates automatically in Pennsylvania on the death of either party or on the remarriage of the receiving spouse. [1] Cohabitation with a new romantic partner is grounds to petition the court to suspend or terminate alimony, but it does not end alimony automatically the way remarriage does. The paying spouse has to go back to court and prove the cohabitation.
Can a spouse waive alimony in Pennsylvania?
Yes. This is the option most uncontested divorcing couples take, and it is perfectly legal. Both spouses can agree in writing, as part of a marital settlement agreement (also called a property settlement agreement), to waive any claim to alimony. Once that agreement is incorporated into the divorce decree, the waiver is final and enforceable. [4]
You can also agree to a specific amount and duration that differs from what a court might order. Two years of $1,200 a month, then done, regardless of what happens. The court will generally honor that agreement as long as it was entered voluntarily, both parties understood it, and there is no sign of fraud or duress.
The upside of writing your own terms is enormous. You avoid contested litigation, which in Pennsylvania can run $5,000 to $30,000 or more in attorney fees depending on complexity and county. You get certainty. You control the outcome. For most uncontested divorces, a clear settlement agreement that addresses spousal support, even if only to waive it, is the single most useful thing you can do.
If you need help getting the paperwork right, DivorceClear's $149 document packet includes the settlement agreement and all other state-specific forms for an uncontested Pennsylvania divorce. You can also prepare these documents yourself using the Pennsylvania court system's own resources at the link below. [5]
How is alimony calculated in Pennsylvania for post-divorce cases?
For post-divorce alimony, there is no formula in the statute. Courts look at the 17 factors and land on a number that seems reasonable given the facts. APL, as noted, uses the 40% formula and is far more predictable. [2]
In practice, a few variables do most of the work. The income gap between the spouses is the starting point. From there, adjustments happen based on length of marriage, custody of young children, earning capacity (more than current earnings, because a voluntarily underemployed spouse does not get to game the system by taking a lower-paying job to inflate a claim), and available assets.
Here is a rough illustration, not a guarantee. Take a Pennsylvania couple where Spouse A earns $90,000 a year and Spouse B earns $30,000 a year, married 10 years with no children. A court might award Spouse B somewhere between $800 and $1,500 a month for two to four years. But every judge is different, and the same facts in Philadelphia Common Pleas Court can look different in Allegheny County Family Court. County-to-county variation is real.
Nobody has published solid statewide data on average Pennsylvania alimony awards. The closest reliable information comes from each county's domestic relations section and from published appellate opinions. If you want a realistic estimate for your specific situation, a one-hour consultation with a Pennsylvania family law attorney (not a full representation engagement) is money well spent. [6]
Does marital fault or adultery affect alimony in Pennsylvania?
Yes, specifically for post-divorce alimony. Pennsylvania law at 23 Pa. C.S. § 3701(e) states that "a party shall not be entitled to alimony if the party is found to have committed adultery." That is a hard bar. The adulterous spouse cannot receive alimony. [1]
Other forms of marital misconduct (abuse, abandonment, substance issues that harmed the marriage) sit among the 17 factors and can shift the award amount and duration, but they don't work as an automatic bar the way adultery does. A judge weighs misconduct as one factor among many.
One nuance worth knowing: this applies to post-divorce alimony. APL, paid during the divorce case, uses the income-based formula and is not barred by adultery the same way. That distinction has been fought over in Pennsylvania courts for years, and the appellate courts have generally held that APL is a separate right from post-divorce alimony. [2]
For uncontested divorces, fault is largely beside the point because both spouses are agreeing to terms. If you're waiving or negotiating alimony in a settlement, the adultery question never enters into it unless one spouse tries to use it as a bargaining chip.
Can alimony be modified or ended after it's ordered?
Post-divorce alimony orders in Pennsylvania can be modified if there is a material and substantial change in circumstances. [1] Common triggers include a big increase or decrease in either spouse's income, job loss, serious illness, or retirement.
The party seeking modification has to file a petition with the court. It does not happen on its own. Until a court actually modifies the order, the paying spouse has to keep paying, or they risk contempt of court.
Remarriage of the receiving spouse ends alimony automatically. Death of either party ends it automatically. Cohabitation with a romantic partner does not end it automatically but is grounds to petition for termination or suspension, and Pennsylvania courts have granted those petitions when the paying spouse can show a genuine, marriage-like living arrangement. [1]
If your original agreement said alimony is non-modifiable, that language controls. Parties can contract away the right to seek modification, and courts will honor that. This is another reason the terms of your settlement agreement deserve careful attention, especially the language around modification rights.
What does alimony cost to litigate versus settle in Pennsylvania?
Contested alimony litigation is expensive. Pennsylvania domestic relations attorneys typically charge $250 to $450 an hour in major metro areas (Philadelphia, Pittsburgh), and $175 to $300 an hour in more rural counties. A fully contested alimony case, including discovery, depositions, and a hearing, can run $8,000 to $30,000 per side or more. [6]
The filing fee for a divorce complaint in Pennsylvania is set by each county. Philadelphia charges $350.50 as of the most recent fee schedule. Allegheny County charges $259.24. Most other counties fall between $150 and $350. [7] Those fees cover the divorce itself, not any separate support actions.
If you and your spouse agree on alimony terms (or agree to waive it), handling the paperwork yourselves costs essentially the filing fee plus whatever you spend on forms. That is a dramatic difference from contested litigation.
For people with straightforward finances, doing your own divorce papers is realistic. Pennsylvania has self-help resources through the Unified Judicial System's website, including forms for uncontested divorce. [5] The honest caveat: if your alimony situation is complicated (long marriage, large income gap, self-employment income, pension assets), a one-time consultation with a divorce attorney before signing anything is worth the cost.
How do you actually file for alimony in Pennsylvania?
If you are filing for APL during the divorce case, you file a Complaint for Support (or a count within your divorce complaint) with the Domestic Relations Section of your county Court of Common Pleas. [2] The Domestic Relations Section handles support matters separately from the divorce judge in most counties. There is an administrative conference first, then a hearing if the parties cannot agree.
For post-divorce alimony, the request is usually included in the divorce complaint as a separate count, or it can be handled in a settlement agreement. If you want the court to decide it, you file for equitable distribution and alimony at the same time, and those claims are heard together.
The Pennsylvania Unified Judicial System (UJS) website has the standard divorce complaint forms, including the forms for requesting alimony and APL. [5] Each county's prothonotary office (that's the clerk of court for civil matters in Pennsylvania) can tell you the local rules and any county-specific forms.
For an uncontested divorce where both spouses agree to waive alimony, you include a waiver clause in your settlement agreement, both spouses sign it before a notary, and it gets filed with the divorce paperwork. The court does not hold a hearing on alimony when it's been settled by agreement. That is one of the real advantages of an uncontested process: you skip the litigation and the court appearance.
What happens to alimony if your ex stops paying in Pennsylvania?
Pennsylvania takes enforcement seriously. Alimony orders are enforced through the Domestic Relations Section of the Court of Common Pleas, the same administrative unit that handles child support enforcement. [8]
If the paying spouse falls behind, the receiving spouse can file a Complaint for Contempt. Remedies include wage garnishment (income withholding orders are common and effective), seizure of tax refunds, suspension of the payor's driver's license, and in serious cases, jail time for contempt. Pennsylvania's Domestic Relations Section can also intercept lottery winnings and other windfall income.
If alimony is built into a settlement agreement that is incorporated into the divorce decree, it is treated as a court order and enforced the same way. If the agreement is not incorporated (just a separate contract between the parties), enforcement goes through civil contract law instead, which is slower and clunkier. Good reason to make sure your settlement agreement gets incorporated into the final decree.
The Domestic Relations Section does not charge the receiving spouse a fee to open an enforcement case. [8] You can contact your county's DRS office directly to get that process started.
Frequently asked questions
Is alimony automatic in Pennsylvania after a long marriage?
No. Pennsylvania courts have discretion to award alimony but are not required to. Even after a long marriage, alimony is not automatic. The court weighs all 17 statutory factors and only awards alimony if it finds the lower-earning spouse lacks sufficient property and cannot fully support themselves. Spouses can also negotiate and waive alimony entirely in a settlement agreement regardless of marriage length.
Does Pennsylvania use an alimony calculator or formula?
Only for APL (alimony pendente lite, paid during the divorce case). APL uses 40% of the difference in net monthly incomes. Post-divorce alimony has no formula. Judges apply the 17 factors in 23 Pa. C.S. § 3701 and use their discretion. There is no official Pennsylvania alimony calculator for post-divorce cases because the statute intentionally leaves amount and duration flexible.
Can a husband get alimony from a wife in Pennsylvania?
Yes. Pennsylvania alimony law is gender-neutral. Either spouse can seek alimony based on the income and needs analysis. The 17 statutory factors apply equally regardless of which spouse earns more. Courts look at relative earnings, the standard of living, and earning capacity, not the gender of the parties. A stay-at-home husband married to a high-earning wife has the same legal standing to request alimony as the reverse.
Does adultery affect alimony in Pennsylvania?
Yes, significantly. Under 23 Pa. C.S. § 3701(e), a spouse who committed adultery is barred from receiving post-divorce alimony. This is a hard statutory bar, more than a factor to weigh. Marital misconduct more broadly is one of the 17 factors a court considers in setting the amount and duration for the non-adulterous spouse's award.
How long does alimony last in Pennsylvania?
There is no fixed rule. Courts set duration based on the facts, particularly the length of the marriage, the income gap, and how long the receiving spouse needs to become self-supporting. Short marriages often produce shorter awards. Very long marriages with a spouse who left the workforce can produce longer awards. Alimony ends automatically on remarriage of the receiving spouse or the death of either party.
What is the difference between spousal support and alimony in Pennsylvania?
Spousal support is paid during separation before a divorce complaint is filed. Alimony pendente lite (APL) replaces it once the divorce complaint is filed and continues until the decree. Post-divorce alimony begins after the decree is entered. APL uses a 40% income-difference formula. Post-divorce alimony is set by judicial discretion under the 17-factor analysis. All three are types of spousal financial support, just at different stages.
Can I waive alimony in a Pennsylvania divorce agreement?
Yes. Both spouses can agree in a marital settlement agreement to waive all claims to alimony, including post-divorce alimony and APL. Once that agreement is incorporated into the divorce decree, the waiver is final. You can also agree to a specific amount and duration. Courts honor these agreements as long as they were entered voluntarily and without fraud. Most uncontested divorces handle alimony this way.
Does cohabitation end alimony in Pennsylvania?
Not automatically. Pennsylvania law allows the paying spouse to petition the court to suspend or terminate alimony when the receiving spouse cohabits with a romantic partner in a relationship resembling marriage. But the paying spouse must file a petition and prove the cohabitation. Remarriage of the receiving spouse does end alimony automatically under the statute, without any court filing needed.
How does the 2019 tax law change affect Pennsylvania alimony payments?
Under the Tax Cuts and Jobs Act, for divorce agreements signed after December 31, 2018, alimony is no longer deductible by the paying spouse and is no longer taxable income for the receiving spouse. This reversed decades of prior tax treatment. Agreements signed before January 1, 2019 were grandfathered under the old rules unless the parties modified them to apply the new rules.
Can alimony be modified after a Pennsylvania divorce decree?
Yes, post-divorce alimony orders can be modified on a showing of material and substantial change in circumstances, such as major income changes, job loss, retirement, or serious illness. Either party can file a modification petition. Alimony in gross (a fixed lump sum) cannot be modified. Parties can also contractually agree their alimony will be non-modifiable, and courts will honor that language.
What court handles alimony in Pennsylvania?
Alimony is handled by the Court of Common Pleas in the county where the divorce is filed. The Domestic Relations Section of that court handles APL and spousal support during the case. Post-divorce alimony claims are typically part of the divorce and equitable distribution proceeding handled by a family division judge. Enforcement also goes through the Domestic Relations Section.
How much does it cost to file for alimony in Pennsylvania?
Filing fees for the divorce complaint (which includes the alimony claim) vary by county. Philadelphia charges approximately $350.50 and Allegheny County charges approximately $259.24. Contested alimony litigation adds attorney fees of $250 to $450 per hour in major metros. Agreeing on alimony in a settlement avoids contested fees and limits your cost to the filing fee plus any document preparation costs.
What happens if my ex stops paying court-ordered alimony in Pennsylvania?
You file a Complaint for Contempt through the Domestic Relations Section of your county Court of Common Pleas. Enforcement tools include wage garnishment, tax refund interception, driver's license suspension, and jail time for contempt. The Domestic Relations Section does not charge the receiving spouse a fee to open an enforcement case. Alimony incorporated into the divorce decree is treated like a court order for enforcement purposes.
Sources
- Pennsylvania Consolidated Statutes, Title 23, Chapter 37, Section 3701 (Alimony): Pennsylvania statute lists 17 factors courts must consider for alimony, states alimony is not available to an adulterous spouse, and allows courts discretion in amount and duration; rehabilitative purpose stated
- Pennsylvania Consolidated Statutes, Title 23, Chapter 43 (Support Matters Generally): APL uses 40% of the net income difference formula; spousal support and APL are addressed as distinct from post-divorce alimony
- IRS, Tax Cuts and Jobs Act changes to alimony deductibility: For divorce agreements signed after December 31, 2018, alimony is no longer deductible by the payer or taxable to the recipient under federal law
- Pennsylvania Consolidated Statutes, Title 23, Section 3105 (Agreements between parties): Marital settlement agreements addressing alimony are enforceable in Pennsylvania and can be incorporated into the divorce decree
- Pennsylvania Unified Judicial System, Divorce Forms and Self-Help: Pennsylvania courts provide standard divorce complaint forms and self-help resources for uncontested divorces including alimony and APL filings
- Pennsylvania Bar Association, Family Law Section: Pennsylvania family law attorney hourly rates and typical contested alimony litigation cost ranges by region
- Philadelphia Court of Common Pleas, Fee Schedule (Civil Division): Philadelphia County divorce complaint filing fee approximately $350.50; county filing fees vary across Pennsylvania counties
- Pennsylvania Domestic Relations Section, Enforcement of Support Orders: Pennsylvania Domestic Relations Sections enforce alimony orders through wage garnishment, license suspension, tax intercept, and contempt proceedings at no cost to the receiving spouse
- Internal Revenue Service, Tax Topics 452: Alimony and Separate Maintenance: Pre-2019 alimony agreements remain deductible/taxable under the grandfathering rules unless modified to opt into the new treatment
- Allegheny County Court of Common Pleas, Fee Schedule: Allegheny County divorce filing fee approximately $259.24 as of the most recent published schedule