In Pennsylvania, it is possible to avoid alimony through negotiation of terms in the divorce settlement, proof of marital misconduct and establishing financial independence.
The determination of spousal support is made by taking the difference in the net incomes of the parties, and multiplying that figure by a certain percentage (40% in cases where there is no concurrent child support, and 30% where there is child support in place).
The court will determine how long you or the other party will receive alimony. If you have been married for 20 years or longer, there is no limit to how long you can receive alimony. However, if you were married for less than 20 years, you cannot collect alimony for more than 50% of the length of the marriage.
The determination of spousal support is made by taking the difference in the net incomes of the parties, and multiplying that figure by a certain percentage (40% in cases where there is no concurrent child support, and 30% where there is child support in place).
The court calculates the presumptively correct sum for spousal maintenance by deducting 20% of the requesting spouse's income from 30% of the other spouse's income. The lower figure from the two computations will determine the yearly maintenance award.
The guideline states that the paying spouse's support be presumptively 40% of his or her net monthly income, reduced by one-half of the receiving spouse's net monthly income. If child support is an issue, spousal support is calculated after child support is calculated.
The formula is simple: Divide the Wife's annual amount by the interest rate: $100,000 divided by . 10 = $1 million. The formula is known as the present value of a perpetuity because it continues in perpetuity.
40% of the high earner's net monthly income minus 50% of the low earner's net monthly income. For instance, if Spouse A earns $5,000 per month and Spouse B earns $2,500 per month, temporary spousal support might be calculated as follows: 40% of $5,000 = $2,000. 50% of $2,500 = $1,250.
In Pennsylvania, the courts may award permanent alimony when a recipient spouse is unable to become financially independent due to age, disability or lack of job qualifications. Judges consider 17 factors set out by law and have discretion in setting an appropriate amount and duration for payments.