Alimony, Alimony Pendente Lite

Alimony has been authorized by statute in the state of Pennsylvania since 1980 and is defined as a post divorce award or settlement of an amount of money to be paid to the dependent spouse. There are currently 17 factors in the divorce statute which cover a party's entitlement to alimony.

Alimony can be either modifiable or non-modifiable. If the parties agree to an amount of alimony to be paid for a specific number of years in a Marital Dissolution Agreement, that obligation may be contractual and, therefore, non-modifiable. On the other hand, if alimony is awarded by the court pursuant to a hearing, then the alimony is by definition modifiable both in terms of duration and amount upon a showing of changed financial circumstances.

Alimony pendente lite is defined as alimony pending the litigation and is treated similarly to spousal support in terms of the amount to be paid. That amount is based on the Pennsylvania Support Guidelines and is deductible to the payor and includable in the gross income of the payee. Alimony pendente lite is generally paid until the divorce is final.