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How does alimony work in Pennsylvania?

Federal & State Law Editorial TeamLast reviewed: 2026-04-30

Pennsylvania uniquely separates spousal support into three phases under Title 23 (Domestic Relations Code) and the Pennsylvania Rules of Civil Procedure 1910.

1. Three Types of Support

  • Spousal Support (23 Pa.C.S. § 4321) — paid by one spouse to the other when they are separated but no divorce has been filed. The payor may raise marital fault (adultery, indignities) as a defense.
  • Alimony Pendente Lite (APL) (Pa.R.C.P. 1910.16-4) — paid during the pendency of the divorce to allow the dependent spouse to maintain the action. Fault is not a defense to APL.
  • Post-Divorce Alimony (23 Pa.C.S. § 3701) — paid after divorce decree.

    • 2. Spousal Support / APL Formula (Pa.R.C.P. 1910.16-4)

  • Without dependent children: 40% of (payor's monthly net income − payee's monthly net income)
  • With dependent children: 30% of the difference (after child support is calculated)

    • 3. Post-Divorce Alimony — 17 Factors (§ 3701(b))

    Post-divorce alimony is discretionary and awarded only if "necessary" considering:

  • Relative earnings/earning capacities
  • Ages, physical/mental/emotional conditions
  • Sources of income (medical/retirement/insurance)
  • Inheritances
  • Marriage duration
  • Contributions to other's education/training
  • Effect of custody on earning capacity
  • Standard of living during marriage
  • Education, time needed to acquire training
  • Relative assets and liabilities
  • Property brought to marriage
  • Contributions as homemaker
  • Relative needs
  • Marital misconduct prior to separation
  • Federal, state, and local tax ramifications
  • Whether party seeking lacks property to meet reasonable needs
  • Whether party seeking is incapable of self-support through appropriate employment

    • 4. Duration

    No statutory cap, but Pennsylvania disfavors permanent alimony. Awards are typically rehabilitative and limited to the time needed to become self-supporting.

    5. Modification & Termination

  • Modifiable on a substantial and continuing change of circumstances (§ 3701(e)).
  • Terminates on remarriage of the payee or cohabitation with a person of the opposite sex who is not a relative (§ 3706).
  • Death of either party also terminates.

    • 6. Marital Fault

    Unlike most no-fault states, Pennsylvania still considers marital misconduct prior to separation in awarding post-divorce alimony.

    This is legal information, not legal advice.

    When to Talk to a Lawyer
    • Marital misconduct (adultery) may bar or reduce alimony
    • Your spouse is cohabiting after the divorce
    • You need to distinguish between APL and post-divorce alimony entitlement
    Related Statutes & Laws
    • 23 Pa.C.S. § 3701
    • 23 Pa.C.S. § 3706
    • 23 Pa.C.S. § 4321
    • Pa.R.C.P. 1910.16-4

    This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.