In the event of a divorce, if either spouse does not have a separate estate, or if a spouse's assets are not sufficient to offer a means of support, a judge might order alimony, which is also known as spousal support. Alimony is usually a monthly financial allowance paid by one spouse to another. Courts in Pennsylvania can award alimony if they deem it reasonable and find that support is necessary. For a summary of divorce law in Pennsylvania, go to divorcesource.com.

To be eligible for alimony, spouses in all states must have been legally married. Alimony is usually based on a settlement agreement made between the spouses or the discretion of a judge. In Pennsylvania, alimony orders may be modified, suspended, terminated, or reinstituted based on a showing of a change in circumstances. Remarriage of the recipient spouse will terminate alimony in Pennsylvania.

The type and amount of alimony awarded depends on a variety of factors.  Pennsylvania law recommends that courts consider the following factors when awarding alimony:

• The relative earnings and earning capacities of the parties
• The ages and health of the parties
• Sources of income, including medical, retirement, insurance, or other benefits
• The expectancies and inheritances of the parties
• The length of the marriage
• The contribution of one party to the education, training, or increased earning power of the other party
• The extent to which a party's earning power, expense or financial obligations will be affected by serving as the custodian of a minor child
• The standard of living the parties established during the marriage
• 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
• The relative assets and liabilities of the parties
• The property brought into the marriage by either party
• The contribution of a spouse as a homemaker
• The relative needs of the parties
• The marital misconduct of either party during the marriage
• Tax consequences to either party
• Whether the party seeking alimony lacks sufficient property to provide for the party's reasonable needs
• Whether the party seeking alimony is incapable of self-support

In the United States, alimony is treated differently tax wise from child support payments. In Pennsylvania, alimony is deductible for the person who pays it and taxable income for the person who receives it under the rules of the Internal Revenue Service, while child support is not. This can make alimony a tax advantage for the person who pays it and has prompted the federal government to create “hurdle tests” to differentiate between alimony, child support, and property settlement. 

In the past, most alimony awards were made to homemakers who needed the support from their former husbands. However, since current marriages often consist of two wage earners, and more men are assuming the duties of child-rearing, alimony awards in all states, including Pennsylvania, have changed. It is no longer unusual for an ex-wife to be compelled to make alimony payments to her ex-husband. Lawyers.com provides a complete examination of divorce and alimony law in Pennsylvania.