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.
