2010 Pennsylvania Code
Title 23 - DOMESTIC RELATIONS
Chapter 37 - Alimony and Support
3701 - Alimony.


                                CHAPTER 37
                           ALIMONY AND SUPPORT

     Sec.
     3701.  Alimony.
     3702.  Alimony pendente lite, counsel fees and expenses.
     3703.  Enforcement of arrearages.
     3704.  Payment of support, alimony and alimony pendente lite.
     3705.  Enforcement of foreign decrees.
     3706.  Bar to alimony.
     3707.  Effect of death of either party.

        Enactment.  Chapter 37 was added December 19, 1990, P.L.1240,
     No.206, effective in 90 days.
     § 3701.  Alimony.
        (a)  General rule.--Where a divorce decree has been entered,
     the court may allow alimony, as it deems reasonable, to either
     party only if it finds that alimony is necessary.
        (b)  Factors relevant.--In determining whether alimony is
     necessary and in determining the nature, amount, duration and
     manner of payment of alimony, the court shall consider all
     relevant factors, including:
            (1)  The relative earnings and earning capacities of the
        parties.
            (2)  The ages and the physical, mental and emotional
        conditions of the parties.
            (3)  The sources of income of both parties, including,
        but not limited to, medical, retirement, insurance or other
        benefits.
            (4)  The expectancies and inheritances of the parties.
            (5)  The duration of the marriage.
            (6)  The contribution by one party to the education,
        training or increased earning power of the other party.
            (7)  The extent to which the earning power, expenses or
        financial obligations of a party will be affected by reason
        of serving as the custodian of a minor child.
            (8)  The standard of living of the parties established
        during the marriage.
            (9)  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.
            (10)  The relative assets and liabilities of the parties.
            (11)  The property brought to the marriage by either
        party.
            (12)  The contribution of a spouse as homemaker.
            (13)  The relative needs of the parties.
            (14)  The marital misconduct of either of the parties
        during the marriage. The marital misconduct of either of the
        parties from the date of final separation shall not be
        considered by the court in its determinations relative to
        alimony, except that the court shall consider the abuse of
        one party by the other party. As used in this paragraph,
        "abuse" shall have the meaning given to it under section 6102
        (relating to definitions).
            (15)  The Federal, State and local tax ramifications of
        the alimony award.
            (16)  Whether the party seeking alimony lacks sufficient
        property, including, but not limited to, property distributed
        under Chapter 35 (relating to property rights), to provide
        for the party's reasonable needs.
            (17)  Whether the party seeking alimony is incapable of
        self-support through appropriate employment.
        (c)  Duration.--The court in ordering alimony shall determine
     the duration of the order, which may be for a definite or an
     indefinite period of time which is reasonable under the
     circumstances.
        (d)  Statement of reasons.--In an order made under this
     section, the court shall set forth the reason for its denial or
     award of alimony and the amount thereof.
        (e)  Modification and termination.--An order entered pursuant
     to this section is subject to further order of the court upon
     changed circumstances of either party of a substantial and
     continuing nature whereupon the order may be modified,
     suspended, terminated or reinstituted or a new order made. Any
     further order shall apply only to payments accruing subsequent
     to the petition for the requested relief. Remarriage of the
     party receiving alimony shall terminate the award of alimony.
        (f)  Status of agreement to pay alimony.--Whenever the court
     approves an agreement for the payment of alimony voluntarily
     entered into between the parties, the agreement shall constitute
     the order of the court and may be enforced as provided in
     section 3703 (relating to enforcement of arrearages).
     (Dec. 16, 1997, P.L.549, No.58, eff. Jan. 1, 1998; Mar. 24,
     1998, P.L.204, No.36, eff. imd.)

        1998 Amendment.  Act 36 amended subsec. (b)(14).
        1997 Amendment.  Act 58 amended subsec. (b).
        Cross References.  Section 3701 is referred to in section
     3703 of this title.

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