Pennsylvania
Pennsylvania Alimony Laws: Spousal Support, APL, and Post-Divorce Alimony (2026)
Independently fact-checked against primary sources (last audited August 16, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 16, 2026. How we verify our legal content
Pennsylvania draws a sharp line between pre-divorce financial support (which follows a fixed formula) and post-divorce alimony, which is entirely discretionary and governed by 17 statutory factors under 23 Pa. C.S. section 3701. Understanding which type of support applies to your situation is the first and most important step.
Information last verified on June 1, 2026.
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The Three Kinds of Support in Pennsylvania
Pennsylvania law recognizes three separate support obligations that can arise at different stages of a marriage breakdown. Each has different legal authority, a different trigger, and a different calculation method.
Spousal support arises from the common-law duty of support that exists between spouses. It can be ordered before either party files for divorce, simply because the parties are living separately. The legal basis is the general duty-of-support statute, not the divorce code. The amount is calculated using the support formula under Pa. R.C.P. 1910.16-4.
Alimony pendente lite (APL) is Latin for "alimony pending the litigation." It is ordered after a divorce complaint is filed and continues while the divorce case is pending. APL is authorized by 23 Pa. C.S. section 3702. Like spousal support, it uses the formula under Pa. R.C.P. 1910.16-4, not the 17-factor balancing test. The purpose of APL is to maintain the economic status quo while the court works toward a final decree.
Post-divorce alimony is what most people mean when they say "alimony." It is awarded, if at all, as part of the final divorce decree under 23 Pa. C.S. section 3701. Unlike spousal support and APL, post-divorce alimony does not use a formula. The court exercises broad discretion guided by 17 statutory factors.
The practical distinction matters: if you are separated but a divorce complaint has not yet been filed, you can seek spousal support. Once the complaint is filed, you seek APL. Once the divorce is final, the question becomes whether post-divorce alimony is necessary at all.
The Formula for Spousal Support and APL
Both spousal support and APL are calculated using the formula in Pa. R.C.P. 1910.16-4. The formula is based on each party's monthly net income after taxes and mandatory deductions.
Without dependent children:
- Obligor's share: 33% of the obligor's monthly net income
- Minus obligee's share: 40% of the obligee's monthly net income
- The difference is the monthly support obligation
With dependent children (where child support is also being paid):
- Obligor's share: 25% of the obligor's monthly net income
- Minus obligee's share: 30% of the obligee's monthly net income
- The difference is the monthly APL or spousal support obligation
The percentages are lower when children are involved because the obligor is simultaneously paying child support, which reduces the income available for spousal obligations.
Monthly net income is calculated under Pa. R.C.P. 1910.16-2 and includes wages, salaries, commissions, bonuses, interest, rental income, and most other income sources, minus taxes and mandatory payroll deductions.
If the parties' combined monthly net income exceeds $30,000, the case moves outside the standard formula and the court calculates support under Pa. R.C.P. 1910.16-3.1, which involves an income-shares approach.
A few key points about the formula:
- The formula produces a floor of zero: the obligation cannot be negative.
- The result can be adjusted upward or downward based on additional expenses under Pa. R.C.P. 1910.16-6, such as health insurance premiums, child care costs, and other allocated expenses.
- APL is enforceable by contempt, income withholding, and other mechanisms under 23 Pa. C.S. section 3703. Spousal support is enforced through the same general support-enforcement remedies under Pennsylvania law, including contempt and income withholding.
Post-Divorce Alimony: The 17 Factors and No Formula
Post-divorce alimony is governed by 23 Pa. C.S. section 3701. The statute says a court "may allow alimony...as it deems reasonable." That discretion is structured by 17 factors the court must consider. There is no percentage formula and no presumptive duration.
Pennsylvania courts treat alimony as a secondary remedy. It is not intended to equalize the parties' incomes or to punish the higher earner. The statute directs courts to award alimony only when it is "necessary," meaning when equitable distribution of marital property and other economic relief are insufficient to meet the dependent spouse's reasonable needs.
The 17 statutory factors under 23 Pa. C.S. section 3701(b) are:
- The relative earnings and earning capacities of the parties
- The ages and the physical, mental, and emotional conditions of the parties
- The sources of income of both parties, including medical, retirement, insurance, or other benefits
- The expectancies and inheritances of the parties
- The duration of the marriage
- The contribution by one party to the education, training, or increased earning power of the other party
- 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
- The standard of living of the parties established during the marriage
- 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
- The relative assets and liabilities of the parties
- The property brought to the marriage by either party
- The contribution of a spouse as homemaker
- The relative needs of the parties
- The marital misconduct of either party during the marriage (post-separation misconduct is not considered, except that abuse by one party of the other is always considered)
- The federal, state, and local tax ramifications of the alimony award
- Whether the party seeking alimony lacks sufficient property, including property distributed under Chapter 35, to provide for that party's reasonable needs
- Whether the party seeking alimony is incapable of self-support through appropriate employment
No single factor controls the outcome. Courts weigh all 17 together. A long marriage, a large gap in earning capacity, and one spouse's role as a homemaker who left the workforce tend to favor an alimony award. A short marriage with two working spouses of roughly equal income tends to result in no award at all.
How Long Alimony Lasts and When It Ends
Post-divorce alimony under 23 Pa. C.S. section 3701(c) may be awarded for a "definite or an indefinite period of time which is reasonable under the circumstances." The statute provides no formula for duration; that is also left to the court's discretion based on the same 17-factor analysis.
In practice, Pennsylvania courts frequently award alimony for a limited term, long enough for the receiving spouse to complete education, job training, or re-entry into the workforce. Permanent or long-term alimony is less common and tends to be reserved for long marriages where one spouse has been out of the workforce for many years or has a disability that prevents self-support.
Events that end or bar alimony:
- Remarriage of the recipient: Under 23 Pa. C.S. section 3701(e), remarriage of the party receiving alimony terminates the award by operation of law. No court order is needed.
- Cohabitation: Under 23 Pa. C.S. section 3706, a recipient who cohabits with an unrelated person of the opposite sex after the divorce is barred from receiving alimony. The paying spouse must petition the court to enforce this bar; it does not terminate automatically.
- Death of either party: Under 23 Pa. C.S. section 3707, the recipient's right to alimony ends upon the recipient's death. The obligation to pay ends upon the payer's death unless the parties agreed otherwise or the court order specifies continuation.
Modification: Under 23 Pa. C.S. section 3701(e), either party may petition the court to modify an alimony order if there has been a change in circumstances that is both substantial and continuing. A temporary change in income is unlikely to qualify. A permanent job loss, serious illness, or retirement may support a modification petition.
Is Alimony Taxable, and How It Differs from Pennsylvania Child Support
The federal tax treatment of alimony depends entirely on when the divorce or separation agreement was executed.
Agreements executed after December 31, 2018: Under the Tax Cuts and Jobs Act, alimony payments are not deductible by the payer and are not taxable income to the recipient. This is the rule that applies to all new divorces.
Agreements executed on or before December 31, 2018: Alimony payments remain deductible by the payer and must be reported as income by the recipient, unless the agreement was later modified with specific language adopting the post-2018 tax rules.
The IRS addresses these rules in IRS Topic No. 452 and Publication 504.
Child support is different in every respect. Child support is a separate legal obligation from alimony. It is calculated under its own set of guidelines (the same income-shares model used for APL when children are present, but through a separate child support calculation). Child support is never deductible by the payer and is not considered taxable income by the recipient. When a payment covers both child support and alimony and the payer pays less than the total ordered, payments are applied to the child support obligation first.
Pennsylvania child support is governed by its own chapter of the Domestic Relations Code. For a full explanation, see our guide to Pennsylvania child support laws.
For the broader national picture, see the alimony laws by state hub.
Legal Disclaimer: This page provides general legal information about Pennsylvania alimony laws and is not legal advice. Alimony determinations are highly fact-specific and depend on the individual circumstances of each case. If you are involved in a divorce or support proceeding, consult a licensed Pennsylvania family law attorney for advice about your situation.
Last updated: June 1, 2026.
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Frequently Asked Questions
What is the difference between spousal support, APL, and alimony in Pennsylvania?
Spousal support is paid before a divorce complaint is filed, based on the duty of support between spouses. Alimony pendente lite (APL) is paid after the complaint is filed and while the case is pending. Post-divorce alimony is awarded, if at all, as part of the final divorce decree. Spousal support and APL use a formula; post-divorce alimony is discretionary.
How is the spousal support or APL amount calculated in Pennsylvania?
Under Pa. R.C.P. 1910.16-4, the basic formula without children is 33% of the obligor's monthly net income minus 40% of the obligee's monthly net income. When child support is also being paid, the percentages drop to 25% minus 30%. The result can be adjusted for additional shared expenses.
Does Pennsylvania use a formula to calculate post-divorce alimony?
No. Post-divorce alimony under 23 Pa. C.S. section 3701 has no formula. The court considers 17 statutory factors and decides amount and duration in its discretion. The formula percentages that apply to spousal support and APL do not apply to post-divorce alimony.
When does alimony end in Pennsylvania?
Post-divorce alimony ends automatically when the recipient remarries (23 Pa. C.S. section 3701(e)) or dies (23 Pa. C.S. section 3707). Cohabitation with an unrelated person of the opposite sex bars alimony under 23 Pa. C.S. section 3706 but requires the payer to petition the court. The payer's death also ends the obligation unless the order or agreement specifies otherwise.
Is alimony taxable income in Pennsylvania divorces?
Under federal law, for divorce agreements executed after December 31, 2018, alimony is not deductible by the payer and not taxable to the recipient. For agreements executed before 2019, the old rules still apply: the payer deducts and the recipient reports it as income, unless the agreement was later modified to adopt the new rules.
Can a Pennsylvania alimony order be modified after it is entered?
Yes. Under 23 Pa. C.S. section 3701(e), either party may seek modification if there has been a change in circumstances that is both substantial and continuing. Examples include a permanent job loss, serious illness, or retirement. A temporary income change is unlikely to meet this standard.
Does marital fault affect alimony in Pennsylvania?
Marital misconduct during the marriage is one of the 17 factors the court considers under 23 Pa. C.S. section 3701(b). However, misconduct that occurred after the date of final separation is not considered, with one exception: abuse by one spouse of the other is always considered regardless of when it occurred.
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Updates
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Corrected the KeyTakeaways bullet that wrongly described cohabitation as causing automatic termination of alimony; section 3706 is a bar the paying spouse must raise in court, matching the article's own body text. Also narrowed the section 3703 enforcement citation, which by its own text covers alimony and APL arrears, not spousal support.
Reworded a section heading so the cohabitation bar under 23 Pa. C.S. 3706 is no longer grouped under an 'ends automatically' label; only remarriage and death carry self-executing termination language.
Governing law re-checked for recent changes
Reviewed and approved by an editor
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Pennsylvania Consolidated Statutes Title 23 (Domestic Relations)
§ 3701AlimonyIn forcecited in 4 of our articles
(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.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at palegis.us
Cited in 100 court opinionsMost recently applied by a court: 2026
Leading cases:
- McMahon v. McMahon (Superior Court of Pennsylvania 1992, 417 Pa. Super. 592)“…in section 3703 (relating to enforcement of arrearages). 23 Pa.C.S. §§ 3701(e), (f). Husband seeks to argue that si…”
- Perlberger v. Perlberger (Superior Court of Pennsylvania 1993, 426 Pa. Super. 245)“…rmining the nature, amount, duration and manner of payment. 23 Pa.C.S. § 3701(b)(14). However, "marital misconduct of…”
- Wagoner v. Wagoner (Supreme Court of Pennsylvania 1994, 538 Pa. 265)“…the denial of his request to modify an alimony award under 23 Pa.C.S. § 3701, 428 Pa.Super. 648 , 627 A.2d 210 . […”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Pennsylvania Divorce Laws (2026): Grounds, Residency, and Process
§ 3702Alimony pendente lite, counsel fees and expensesIn forcecited in 2 of our articles
(a) General rule.--In proper cases, upon petition, the court may allow a spouse reasonable alimony pendente lite, spousal support and reasonable counsel fees and expenses. Reasonable counsel fees and expenses may be allowed pendente lite, and the court shall also have authority to direct that adequate health and hospitalization insurance coverage be maintained for the dependent spouse pendente lite. (b) Exception.--Except where the court finds that an order for alimony pendente lite or spousal support is necessary to prevent manifest injustice, a party who has been convicted of committing a personal injury crime against the other party shall not be entitled to spousal support or alimony pendente lite. Any amount paid by the injured party after the commission of the offense but before the conviction of the other party shall be recoverable by the injured party upon petition.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at palegis.us
Cited in 33 court opinionsMost recently applied by a court: 2026
Leading cases:
- Musko v. Musko (Supreme Court of Pennsylvania 1997, 548 Pa. 378)“…eal process, including after the entry of a divorce decree. 23 Pa.C.S. § 3702; DeMasi v. DeMasi, 408 Pa.Super. 41…”
- Cook, R. v. Cook, D. (Superior Court of Pennsylvania 2018, 186 A.3d 1015)“…l support and reasonable counsel fees and expenses.” 23 Pa.C.S. § 3702. By way of background: [Alim…”
- Prol v. Prol (Superior Court of Pennsylvania 2003, 2003 Pa. Super. 496)“…or annulment proceeding." 23 Pa. C.S.A. § 3103. Pursuant to 23 Pa.C.S. § 3702, alimony pendente lite is allowable t…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 3703Enforcement of arrearagesIn forcecited in 2 of our articles
If at any time a party is in arrears in the payment of alimony or alimony pendente lite as provided for in sections 3701 (relating to alimony) and 3702 (relating to alimony pendente lite, counsel fees and expenses), the court may, after hearing, in order to effect payment of the arrearages: (1) Enter judgment. (2) Authorize the taking and seizure of the goods and chattels and the collection of the rents and profits of the real estate of the party. (3) Attach no more than 50% of the wages of the party. (4) Award interest on unpaid installments. (5) Require security to insure future payments. (6) Issue attachment proceedings, directed to the sheriff or other proper officer of the county, directing that the person named as having failed to comply with the court order be brought before the court at such time as the court may direct. If the court finds, after hearing, that the named person willfully failed to comply with the court order, it may declare the person in civil contempt of court and in its discretion make an appropriate order, including, but not limited to, commitment of the person to prison for a period not to exceed six months. (7) Award counsel fees and costs.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at palegis.us
Cited in 10 court opinionsMost recently applied by a court: 2024
Leading cases:
- McMahon v. McMahon (Superior Court of Pennsylvania 1992, 417 Pa. Super. 592)“…ary hearing, is enforceable by any of the means provided by 23 Pa.C.S. § 3703, including attachment and contempt. An…”
- Dudas v. Pietrzykowski (Supreme Court of Pennsylvania 2004, 578 Pa. 20)“…Attach no more than 50% of the wages of the party. 23 Pa.C.S. § 3703. Accordingly, while the trial court had…”
- Ball v. Minnick (Superior Court of Pennsylvania 1992, 414 Pa. Super. 242)“…ided for the civil enforcement of support, 48 P.S. 132 (now 23 Pa.C.S. § 3703), 48 P.S. 136 (now 23 Pa.C.S. § 4348),…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 3706Bar to alimonyIn forcecited in 2 of our articles
No petitioner is entitled to receive an award of alimony where the petitioner, subsequent to the divorce pursuant to which alimony is being sought, has entered into cohabitation with a person of the opposite sex who is not a member of the family of the petitioner within the degrees of consanguinity.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at palegis.us
Cited in 14 court opinionsMost recently applied by a court: 2022
Leading cases:
- Kripp v. Kripp (Supreme Court of Pennsylvania 2004, 578 Pa. 82)“…iage relationship.' " Id. (emphasis in original) (quoting 23 Pa.C.S. § 3706; Lobaugh v. Lobaugh, 753 A.2d 834,…”
- McMahon v. McMahon (Superior Court of Pennsylvania 1992, 417 Pa. Super. 592)“…ory and common law. Despite provisions in the Divorce Code, 23 Pa.C.S. § 3706, Bar to alimony, which prohibits an aw…”
- DeMasi v. DeMasi (Superior Court of Pennsylvania 1991, 408 Pa. Super. 414)“…on the part of the appellant in this case is in relation to 23 Pa.C.S. § 3706, Bar to alimony, which provides: “[n]o…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 3707Effect of death of either partyIn forcecited in 2 of our articles
Upon the death of the payee party, the right to receive alimony pursuant to this chapter shall cease. Upon the death of the payor party, the obligation to pay alimony shall cease unless otherwise indicated in an agreement between the parties or an order of court.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at palegis.us
Cited in 7 court opinionsMost recently applied by a court: 2025
Leading cases:
- Balicki v. Balicki (Superior Court of Pennsylvania 2010, 4 A.3d 654)“…award, and we denied Wife’s exception concerning the issue. 23 Pa. C.S. § 3707 provides “.... upon the death of the pa…”
- Dudas v. Pietrzykowski (Supreme Court of Pennsylvania 2004, 578 Pa. 20)“…when he dies pursuant to Section 3707 of the Divorce Code, 23 Pa.C.S. § 3707. 3 . Section 449 o…”
- Benson Ex Rel. Patterson v. Patterson (Supreme Court of Pennsylvania 2003, 574 Pa. 346)“…ed contrast to Section 3707 of the Domestic Relations Code, 23 Pa.C.S. § 3707, which provides that an obligation to p…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
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Sources and References
- 23 Pa. C.S. Section 3701 - Alimony(legis.state.pa.us)
- 23 Pa. C.S. Section 3702 - Alimony Pendente Lite(legis.state.pa.us)
- 23 Pa. C.S. Section 3706 - Bar to Alimony(legis.state.pa.us)
- 23 Pa. C.S. Section 3707 - Effect of Death(legis.state.pa.us)
- 231 Pa. Code Rule 1910.16-4 - Support Formula(pacodeandbulletin.gov)
- 231 Pa. Code Rule 1910.16-2 - Monthly Net Income(pacodeandbulletin.gov)
- IRS Topic No. 452 - Alimony and Separate Maintenance(irs.gov)
- IRS Publication 504 - Divorced or Separated Individuals(irs.gov)