The 17 Alimony Factors

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When deciding alimony, the court will consider whether it is necessary, how it is to be paid, along with the amount and duration and manner of alimony payments, the courts will consider the following 17 factors:

  1. The relative earnings and earning capacities of the parties;

  2. The ages and the physical, mental and emotional conditions of the parties;

  3. The sources of income of both parties including, but not limited to, medical, retirement, insurance or other benefits;

  4. The expectancies and inheritances of the parties;

  5. The duration of the marriage;

  6. The contribution by one party to the education, training or increased earning power of the other party.;

  7. The extent to which the earning power, expenses or financial obligations of a party will be affected by reason of serving as the custodian of a minor child;

  8. The standard of living of the parties established during the marriage;

  9. The relative education of the parties and the time necessary to acquire sufficient education or training to enable the party seeking alimony to find appropriate employment;

  10. The relative assets and liabilities of the parties;

  11. The property brought to the marriage by either party;

  12. The contribution of a spouse as a homemaker;

  13. The relative needs of the parties;

  14. The marital misconduct of either of the parties during the marriage.  The marital misconduct after the date of final separation shall not be considered except in cases of abuse;

  15. The Federal, State, and local tax ramifications of the alimony award;

  16. Whether the party seeking alimony lacks sufficient property, including, but not limited to, property distributed under Chapter 35 (relating to property rights), to provide for the party’s reasonable needs; and

  17. Whether the party seeking alimony is incapable of self-support through appropriate employment.  

Alimony may be for either a definite or indefinite period of time. The court shall set forth the reasons for any award or denial of alimony in the Order.  The awards may be modified, suspended, terminated, or reinstituted. Remarriage of the party receiving alimony shall terminate the award of alimony. Cohabitation may also cause the alimony award to be terminated. If you have questions about alimony and how these factors may work in your case, you may contact us at 215-564-1580.