Alimony if spouse left voluntarily

[TEK138]

Jurisdiction

Pennsylvania

I have a coworker that told me that he did not have to pay after divorce alimony simply because his spouse " Left on there own accord" was the judges legal phrasing. He had been paying but the judge cancelled the spousal support once they admitted in court that they left of there own accord. I am paying Pendlite now and our divorce has not gone thru as of yet. So I'm asking because our divorce negotiations are about to start. Is there a statute or case law that I could reference.

 

[army judge]

I have a coworker that told me that he did not have to pay after divorce alimony simply because his spouse " Left on there own accord" was the judges legal phrasing. He had been paying but the judge cancelled the spousal support once they admitted in court that they left of there own accord. I am paying Pendlite now and our divorce has not gone thru as of yet. So I'm asking because our divorce negotiations are about to start. Is there a statute or case law that I could reference.

Alimony Pendente Lite is temporary, and ends upon dissolution of the marriage.

A few websites that you might find useful:

Alimony in PA: The Definitive Answers on the 5 Most Asked Questions

Pennsylvania Divorce Law

I suggest you focus on the permanent and ignore the temporary.

The sooner you get the divorce, the sooner the temporary disappears.

Divorce is complicated, and there is no one answer that fits each couple.

One of the 17 factors that a PA judge must consider in granting a request for Alimony (spousal support) is the marital misconduct of either party DURING the marriage.

Infidelity and cohabitation with a paramour are relevant only if the acts occurred before separation, spousal abuse is relevant whether it occurs before or after separation.

The court is required to consider all relevant factors in determining spousal support, the following 17 factors must be among them:
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 the parties, including medical, retirement, insurance, and 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 the party's obligation to serve as custodian of a minor child,
The standard of living established by the parties 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 of the parties during the marriage,
The federal, state, and local tax ramifications of the alimony award,
Whether the party seeking alimony lacks sufficient property to provide for his or her own reasonable needs,
Whether the party seeking alimony is incapable of supporting him or herself through appropriate employment.


I suggest you work with your attorney, or do research online.

No one is going to do the research for you, or lay it it completely.

I have, however, pointed you in the right direction.

 

[TEK138]

I wasn't expecting anybody to do my research. I have spent an hour and half on line trying to find an answer to my question. Nobody comes close to the subject. I wasn't really expecting anybody to answer the question down to the statute but I thought I could try. All the general answers you gave I have already read on a half a dozen websites. I am concentrating on after divorce alimony.

My specific question was if your spouse" leaves of her own accord" can it or how does effect post divorce alimony.

 

[zddoodah]

I have a coworker that told me that he did not have to pay after divorce alimony simply because his spouse " Left on there own accord" was the judges legal phrasing. He had been paying but the judge cancelled the spousal support once they admitted in court that they left of there own accord.

Query how could it be possible to leave other than on one's own accord? It's certainly possible that a person could be removed from his or her home by emergency medical personnel and never return, but that certainly isn't the only circumstance under which alimony is available.

Query also whether you have reviewed any of the paperwork relating to your friend's case.

Is there a statute or case law that I could reference.

Reference in what?

As noted in the prior response, Pennsylvania law requires courts to consider a significant number of factors "in determining the nature, amount, duration and manner of payment of alimony." See 23 Pa. Cons. Stat. section 3701(b). You'll note that none of the factors relate to whether the person seeking alimony "left of there [sic] own accord."

 

[TEK138]

Query how could it be possible to leave other than on one's own accord? It's certainly possible that a person could be removed from his or her home by emergency medical personnel and never return, but that certainly isn't the only circumstance under which alimony is available.

Query also whether you have reviewed any of the paperwork relating to your friend's case.



Reference in what?

As noted in the prior response, Pennsylvania law requires courts to consider a significant number of factors "in determining the nature, amount, duration and manner of payment of alimony." See 23 Pa. Cons. Stat. section 3701(b). You'll note that none of the factors relate to whether the person seeking alimony "left of there [sic] own accord."

 

[ElleMD]

I believe you mean to ask if alimony might be ordered for the spouse who moves out or initiates the separation/divorce. The answer is that yes, it can. Just logically it would not make sense for that to be law or any spouse in need of support would be stuck in an abusive or unhappy marriage until the higher wage earner felt like initiating the process.

As for your buddy, you don't know what other factors the judge took into consideration or how those 17 factors applied. Judges do not always give their full reasoning.

 

[TEK138]

That was the wording of the judge. It wasn't my wording. Maybe the judge was annoyed at the person and invented something on the spot. I not lawyer and that's why I'm asking but I would think that ones own accord would be it was there idea to leave not suggested by another. Not told get the ***** out or verbally pushed to leave.

 

[TEK138]

I believe you mean to ask if alimony might be ordered for the spouse who moves out or initiates the separation/divorce. The answer is that yes, it can. Just logically it would not make sense for that to be law or any spouse in need of support would be stuck in an abusive or unhappy marriage until the higher wage earner felt like initiating the process.

As for your buddy, you don't know what other factors the judge took into consideration or how those 17 factors applied. Judges do not always give their full reasoning.

Thank you, that is the question that I was asking and yes I definitely understand that people tell there stories based on an extremely narrow point of view. That's why I was looking for clarification. Neither judges nor lawyers like to explain there reasoning.

 

[zddoodah]

That was the wording of the judge. It wasn't my wording.

I'll ask again: Have you actually read any paperwork from your friend's case? Or are you simply accepting what your friend told you at face value?

Neither judges nor lawyers like to explain there reasoning.

That's so very wrong as to be quite funny.

 

[TEK138]

I'll ask again: Have you actually read any paperwork from your friend's case? Or are you simply accepting what your friend told you at face value?



That's so very wrong as to be quite funny.

I'll ask again: Have you actually read any paperwork from your friend's case? Or are you simply accepting what your friend told you at face value?



That's so very wrong as to be quite funny.

No I wouldn't feel right asking to see a coworkers personal legal documents. I'm not necessarily accepting it at face value. That's why I'm asking questions to confirm.

 

[zddoodah]

No I wouldn't feel right asking to see a coworkers personal legal documents. I'm not necessarily accepting it at face value. That's why I'm asking questions to confirm.

An order issued by a judge in a pending case is a matter of public record, but it's up to you to ask or not ask for a copy or obtain one from the court clerk's office. Suffice to say that the notion of a court denying alimony solely for the reason stated would be absurd and, if it happened, it could be reversed on appeal rather easily.