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When couples divorce, it's natural to wonder which spouse will pay or receive alimony as part of the divorce. Alimony isn't awarded in every case.

Adultery in pennsylvania: does cheating affect alimony?

However, when a judge determines that alimony is appropriate, it's because an alimony award will help equalize the financial impact of divorce on both spouses. Alimony won't last forever and a supported spouse's remarriage or cohabitation can cut an alimony award short.

This article provides an overview of alimony awards and the affect of remarriage or cohabitation on alimony in Pennsylvania. If you have additional questions after reading this article, you should contact a local family law attorney for advice. Pennsylvania law recognizes three of alimony : spousal support, alimony pendente lite, and a traditional alimony award.

A judge can take marital fault such as adultery into when awarding spousal support.

The purpose of alimony pendente lite is to allow a spouse to maintain the same standard of living while a divorce is pending. See 23 Pa. There are no automatic alimony awards in Pennsylvania. Instead, alimony will only be awarded if a judge determines that it's appropriate in your case.

A judge will award alimony when a lower-earning spouse can demonstrate a financial need and the other spouse has the ability to pay support. To determine whether alimony is appropriate in your case, and if so, how much, a judge may examine the following factors:. If you'd like to know more about alimony in Pennsylvania, see our article Understanding and Calculating Alimony in Pennsylvania. Either spouse can file a motion to modify alimony in Pennsylvania.

The spouse seeking the change must prove that there's been a material change in circumstances of one or both spouses. For example, if a paying spouse loses a job involuntarily, or the supported spouse receives a substantial raise, a judge will likely reduce alimony. If you want to request a modification or termination of alimony due to changed circumstances, you should file a motion to modify or terminate alimony in your county court of common pleas clerk's office.

The court will schedule a hearing where both you and your ex-spouse must appear. You'll be Reading Pennsylvania married woman to present evidence of the changed circumstances that justify the modification or termination of alimony. If the court believes that you've proven your case, the judge may modify or terminate alimony retroactively from the date you filed your motion.

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Alternatively, you and your ex-spouse can avoid appearing in court if you can agree to modify alimony yourselves. If you're able to reach an agreement, you should put the terms of your settlement agreement in writing, it, and submit it to the court for approval.

Alimony in Pennsylvania automatically terminates upon either spouse's death or the supported spouse's remarriage. A paying spouse may file a motion to terminate alimony as soon as he or she learns of the supported spouse's remarriage.

If the supported spouse married months before the paying spouse found out, a judge can order the remarried spouse to pay back any alimony paid since the date of remarriage. Note: Although same-sex marriage has been legal in the United States sincein the majority of states, unmarried same-sex partners don't have the same rights, benefits, or obligations that married couples do, unless they register in a domestic partnership or civil union.

This Reading Pennsylvania married woman statute has not been changed to reflect that a same-sex partnership would qualify for cohabitation purposes. If you have questions about this, please contact an experienced Pennsylvania family law attorney for more specific advice.

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Courts are more likely to determine that two people are cohabiting if they share the same residence full-time, have a romantic or sexual relationship, and share finances similar to a married couple. For example, a Pennsylvania court determined that an ex-wife was cohabiting with another man despite her claim that she was just helping a sick friend.

The ex-wife and the man shared a room when there was another room that could have accommodated himkissed, and held hands, even though they claimed they didn't have sexual relations. In another case, the court declined to terminate alimony in a case where an ex-husband receiving alimony occasionally spent nights at a woman's house, partly because they hadn't commingled funds or opened a t bank. If you're paying alimony and believe your ex-spouse is cohabiting with a partner, you should try to gather witnesses and evidence like photographs to help you prove the cohabitation.

You will need to file Reading Pennsylvania married woman motion to terminate alimony with your county court clerk's office.

What role does adultery play in a pennsylvania divorce?

If the court agrees that your ex-spouse is cohabitating, the judge can terminate alimony retroactively to the date you filed your motion. If you have additional questions about remarriage and alimony, contact a Pennsylvania family law attorney for help. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.

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In some states, the information on this website may be considered a lawyer referral service. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Child Custody Child Support. Alimony Divorce and Property.

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Learn whether living with a new partner or getting married will affect your alimony payments. Alimony Awards in Pennsylvania Pennsylvania law recognizes three of alimony : spousal support, alimony pendente lite, and a traditional alimony award. When Will a Judge Award Alimony?

To determine whether alimony is appropriate in your case, and if so, how much, a judge may examine the following factors: each spouse's income and earning capacity Reading Pennsylvania married woman spouse's age, physical, and mental health each spouse's expected inheritances and retirement savings the length of the marriage either spouse's contributions to the other's education, training, or increased earning power each spouse's education and whether any time is needed for a spouse to get the education or job training necessary to be employable the standard of living enjoyed during the marriage each spouse's assets and liabilities one spouse's contributions as a homemaker each spouse's relative financial needs each spouse's separate property whether childcare duties will prevent either spouse from working the tax consequences of an alimony award to both spouses either spouse's marital misconduct, including adultery or abuse, and any other factors the court deems relevant.

Modifying Alimony Either spouse can file a motion to modify alimony in Pennsylvania. Talk To A Divorce Attorney. We've helped 85 clients find attorneys today.

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Vital Records consist of births , adoptions, marriages , divorces, and deaths recorded on registers, certificates, and documents.


By Melissa Heinig , Attorney.