Long-Term Spousal Support in Pennsylvania

How to Raise an Alimony Claim

Alimony is decided as part of the Pennsylvania divorce process, and the court decides it only if a party raises it in the pleadings.^[1] A plaintiff can include it in the complaint, an amendment, a supplemental complaint, or a later petition. A defendant can raise it in a counterclaim or a later petition. Spousal support and alimony pendente lite (APL) work differently: they are filed in the domestic relations section, not in the divorce complaint.^[2] Our Pennsylvania spousal support and alimony page explains how spousal support, APL, and alimony fit together.

Watch for a Notice of Intention to File the Praecipe to Transmit Record. If you have not filed a written economic claim, file it and serve it on your spouse before the date in that notice, or the court may enter the decree and you may lose the claim. Filing the counter-affidavit alone does not protect you, and signing a Waiver of Notice lets the decree be entered without further notice.

How the Alimony Process Works in a Lancaster County Divorce

You can settle alimony by agreement at any stage. If you cannot agree, the claim becomes part of a contested divorce in Lancaster County. Under the county’s local rule, a divorce master hears the claim, and statewide rules call this official a hearing officer.^[3] The process generally follows these steps:

• Exchange financial records. Once alimony is claimed, both parties file their latest federal tax return, six months of pay stubs, an Income Statement, and an Expense Statement. The other party has 20 days after service to file theirs, and neither party can ask for a divorce master until 30 days after filing their own.
• Get grounds approved. In a no-fault divorce, the court must enter an order approving grounds for divorce before a divorce master can hear, or the court can decide, the economic claims. The decree then waits until those claims are resolved, unless the court enters a bifurcated decree. If the decree is entered while economic claims are still pending, an existing spousal support order becomes an APL order. Our article on how APL affects post-divorce alimony explains how the two fit together.
• Request a divorce master. At least 30 days after filing your financial records, once grounds are approved, and after filing your property inventory if you also claim property division, you can file a motion in the required statewide form asking the court to appoint the master.
• Prepare for conferences. The master first holds a telephone conference, then a pre-hearing conference. Each party must deliver a pre-trial statement to the master and the other party at least five business days before the pre-hearing conference, or before the hearing if the master does not hold one. You are limited to the witnesses and exhibits listed unless both sides agree in a writing filed with the court or you promptly file a supplemental statement with the master, serve it on the other party, and file proof of service.
• Attend the hearing. The master gives at least 20 days’ written notice, unless all parties waive it in writing, takes testimony, and files a report and recommendation.
• File exceptions if needed. Either party has 20 days from receipt or mailing of the report, whichever comes first, to file exceptions, and the other side has 20 days after being served with those exceptions to file its own. Issues you do not raise are generally waived. The court then rules and enters the final decree.

If You Reach an Agreement

An alimony agreement can generally be enforced like a court order, and the court cannot later modify agreed alimony unless the agreement allows it. In Lancaster County, no hearing is needed when the agreement is incorporated into a no-fault decree. The master reviews the record and files a recommendation instead.

If a Prenuptial Agreement Addresses Alimony

A premarital agreement signed on or after January 28, 2005, is enforced unless the spouse challenging it proves by clear and convincing evidence that they signed involuntarily, or that before signing they lacked fair disclosure of the other spouse’s finances, did not waive further disclosure in writing, and had no adequate knowledge of those finances. Have it reviewed against Pennsylvania prenuptial agreement laws before you raise or defend a claim.

Before you sign a settlement or file a pre-trial statement, call Lancaster Law Group at 717-358-0600.

How the Master Decides an Alimony Claim

The master’s report must state whether alimony is necessary and, if so, its nature, amount, duration, and manner of payment, along with the factors considered and the reasons for the recommendation. Pennsylvania law lists 17 factors the court must consider, along with any other relevant factor, so your evidence and pre-trial statement should address each one that applies.^[4]

• Each spouse’s earnings and earning capacity
• Age and physical, mental, and emotional health
• Sources of income, including medical, retirement, insurance, and other benefits
• Expectancies and inheritances
• Length of the marriage
• Contributions to the other spouse’s education, training, or increased earning power
• How serving as custodian of a minor child affects earning power, expenses, or financial obligations
• Standard of living during the marriage
• Each spouse’s education, and the time the spouse seeking alimony needs to gain the education or training for appropriate employment
• Assets and liabilities
• Property brought into the marriage
• Contributions as a homemaker
• Each spouse’s needs
• Marital misconduct during the marriage
• Federal, state, and local tax consequences of the award
• Whether the spouse seeking alimony lacks enough property, including property from equitable distribution, to meet reasonable needs
• Whether the spouse seeking alimony is unable to support themselves through appropriate employment

Misconduct after final separation does not count, except abuse, which the court must consider. The order must state the reasons for awarding or denying alimony, and the duration can be definite or indefinite, as long as it is reasonable under the circumstances.

How Alimony Is Paid and Protected

When ordered, alimony is paid through the domestic relations section, the same office that handles temporary spousal support and APL. It records payments and notifies the court when a payer falls 30 days behind. To protect the award, the court may place a lien on property, keep life insurance purchased during the marriage in force, or order a new policy when needed.^[5] Because alimony generally stops when the payer dies, life insurance can be an important safeguard.

Modifying, Ending, or Enforcing an Alimony Order

Either party can petition to modify, suspend, or end alimony after a substantial and continuing change in circumstances. A changed order applies only to payments due after the petition is filed, so file promptly. Alimony set by a settlement or other agreement works differently: the court cannot modify it unless the agreement allows modification. Remarriage, cohabitation, or the death of either spouse can also end a court-ordered award.

Do not stop paying on your own. Ask the court first. After a hearing, the court can enforce unpaid alimony with a judgment, seizure of property, attachment of up to 50% of wages, interest, security for future payments, counsel fees, and civil contempt for willful nonpayment, which can include up to six months in jail.

Appealing an Alimony Decision

Post-trial motions are not allowed after the final decree, so exceptions to the master’s report are your chance to raise every issue. Anything left out is generally waived on appeal. A notice of appeal is due within 30 days after the order is entered.^[6] Contact our appeals attorneys in Lancaster as soon as the decree is entered.

What to Gather Before Your Consultation

Bring your latest federal tax return, six months of pay stubs, and your Income and Expense Statements, plus:

• Any prenuptial, postnuptial, or separation agreement
• Dates of marriage and separation
• Your work and education history
• Medical records affecting either spouse’s ability to work
• Life insurance policies and their beneficiaries
• A realistic monthly budget

How Lancaster Law Group Handles Long-Term Spousal Support

Alimony turns years of marriage into numbers. If you are seeking support, you need a claim raised on time, documented, and protected once awarded. If you are being asked to pay, you need an advocate who will challenge every assumption about need, earning capacity, and duration.

At Lancaster Law Group, partner Shawnee S. Burton is a Fellow of the American Academy of Matrimonial Lawyers. Our approach is thorough, knowledgeable, and aggressive, built on A Firm Commitment to Trust. Our family law attorneys explain your options and next steps in plain terms. Our Lancaster divorce and family law office is across the street from the Lancaster County Courthouse.