A spouse is entitled to alimony only if the court decides that alimony is “necessary.” To decide whether alimony is necessary, how much should be paid, and how long it should be paid, the court must consider many factors – including but not limited to the relative income and earning capacities of the parties, the ages

How much is a wife entitled to in a divorce in PA?

Pennsylvania uses guidelines to begin the process of determining alimony, but several factors could cause the amount to either go up or down. In general, if there are no children in the marriage, the requesting spouse is entitled to 40% of his or her spouses income, minus their own income.

Who gets the house in a divorce in PA?

In Pennsylvania, only the marital property will be divided. The court presumes that any property you acquire during marriage is marital property, regardless of what title says. If you want to keep an asset out of the division, then you will have to show the court why it should be characterized as non-marital property.

Is alimony mandatory in PA?

Am I entitled to alimony in PA? No, there is no entitlement to alimony in Pennsylvania. Instead, its purely discretionary with the court, and based on 17 factors listed in Section 3701 of the PA Divorce Code.

Does it matter who files for divorce first in PA?

Does it matter who files a Pennsylvania uncontested divorce first? Accordingly, the person who files the divorce first controls the divorce process because if the other spouse files later, the spouse who filed first can have the second divorce dismissed (knocked out of court).

How long can a spouse drag out a divorce in PA?

Act 102, which takes effect in 60 days, reduces the waiting period for unilateral no-fault divorce from two years to one. That means a spouse will need to wait only a year before obtaining a divorce without the other spouses consent.

What qualifies you for alimony in PA?

one or both spouses contribution as a homemaker during the marriage. the needs of both spouses. marital misconduct (during the marriage and before separation) the tax ramifications of the alimony award.

How can I avoid paying alimony in PA?

Prove marital misconduct. The first way to avoid paying alimony is to prove misconduct during your marriage or separation. The two major issues that most judges will consider during alimony trials are abuse and adultery. However, you will need more than simply your word to prove these accusations.

How do you avoid a 50/50 split in a divorce?

The following situations can prevent couples from having to split property evenly:A prenuptial or postnuptial agreement that ensures certain assets remain separate in the event of a divorce.The couple agrees on a different plan for splitting assets and it doesnt leave one spouse completely broke.2 Dec 2020