Spousal support can be one of the most contentious parts of a divorce in Pennsylvania. If there is significant disparity in the earnings of the two spouses, then the lower-income spouse is often entitled to spousal support payments, which are also known as alimony. However, things change and there may be a situation where the spouse who is paying support is entitled to a modification of the amount. An experienced Pennsylvania matrimonial attorney can help guide you through the process, helping to make sure that you are paying an equitable amount to your former spouse when taking into account all of the factors.
How is an Award of Spousal Support Determined?
Unlike child support, there is no automatic award of alimony to either spouse in a divorce. Instead, the court will take into account a number of factors in determining whether a lower-income spouse is entitled to spousal support. There is no set criteria, but instead the court will weigh each factor in making its determination.
When making an application for spousal support, the one seeking the alimony has the burden of demonstrating need. The factors the court will consider are the length of the marriage, the income and earning capacity of each spouse, the standard of living enjoyed by the couple during the marriage, and any marital misconduct such as financial waste or domestic violence. The longer the marriage, the greater the earnings disparity, and the higher the standard of living, will all increase the odds that the lower-income spouse will receive support. With respect to the standard of living, the court will take into account the marital assets and liabilities in helping to make a determination.
However, if the higher earning spouse can show that the spouse requesting support wastefully dissipated the assets of the marriage or was abusive during the time together, then this will lower the chances of getting an award. Conversely, if the lower-income spouse can show that the higher earning one engaged in domestic violence, wasted assets or engaged in other misconduct, then it is more likely that the court will award spousal support.
Once it has made a determination to award support, the court will then determine the type, amount and duration of such payments. In general, the court will use a formula of subtracting 40% of the lower-earning spouse’s net income after taxes from 33% of that of the higher-earning spouse. However, the amount of spousal support may be reduced if the higher-earning spouse is also making child support payments. The length of the payments is up to the discretion of the court, with marriages that were longer usually requiring longer payment periods. Most courts in Pennsylvania will award one year of spousal support payments for every three years of the marriage. The requirement to pay support or the entitlement to receive it terminates upon the death of one of the spouses.
When Can a Request for Spousal Support Modifications be Made?
Either party has the right to file for modification of an award of spousal support. However, the one filing for the modification has the burden of proving that there was a substantial change in circumstances requiring a modification. If the change involves the remarriage or cohabitation of the one receiving payments, then the one filing for the modification will be seeking to terminate payments. This is because a spouse who receives alimony is not entitled to receive support payments if he or she marries or begins cohabitation with another person. This means that the former spouse is living with a member of the opposite sex in a romantic relationship and sharing expenses. It is unclear if the law will apply to someone in a romantic relationship with a member of the same sex.
Aside from situations of remarriage or cohabitation, substantial change can involve a number of different factors. For example, a significant change in income or earnings capacity can provide the grounds. This means that a spouse lost his or her job, retired from work, or received a significant raise. It can also involve the disability or serious health condition of a spouse, as that will impact his or her earning’s capacity. Relocation to another city can also be used as grounds for a modification request, especially if the spouse has moved to another state.
How does a Spouse File for Modification Spousal Support
If a spouse believes to be entitled to a modification of an award of spousal support, he or she will have to file a petition with the court clerk in the county where the divorce was granted. The party filing for the modification will need to include evidence or other proof that there has been a substantial change requiring a modification of the original award. This will provide the grounds for an order modifying the terms of the spousal support, including possible termination of the requirement to make payments.
Once the spouse seeking a modification has filed a petition, he or she will have to serve a copy on the other party. This person will then have to file an answer to the petition, arguing against the requested modification. After the petitioner has filed proof of service, the court will schedule a hearing. If the parties are able to work out a settlement beforehand, then the parties will have to notify the court and file the modification papers with the court clerk. If they are unable to, then the judge will listen to both parties’ testimony in court, examine the filings of each spouse, and make a decision whether to grant the modification. If the judge rules in favor of the petitioning spouse, then a new spousal support order will be issued. In the case of a request to terminate spousal support, the existing support order will be terminated.
In some cases, a party can seek a retroactive order if it can show that the substantial change in circumstances occurred prior to the filing. In this situation, if the court orders an increase, then the paying spouse will have to make additional payments to satisfy the retroactive amounts. If the order reduces the amount, then these retroactive sums may be subtracted from future spousal support payments.
Discuss Your Case with a Pittsburgh Spousal Support Attorney
Filing for a modification of spousal support requires a level of evidentiary proof that can often seem daunting to many people. The experienced Pennsylvania divorce attorneys at Jones, Gregg, Creehan & Gerace can assist you with the process, making sure that the spousal support award in your case is fair and equitable.