Spousal Support and Alimony by Agreement

Pennsylvania has three kinds of payments between spouses. Spousal support and alimony pendente lite (APL) are paid while the spouses are separated or the divorce is pending, and are usually calculated under the statewide support guidelines. Alimony is paid after the divorce, only if it is necessary, with the amount and length set by the factors in 23 Pa.C.S. § 3701. In a collaborative divorce, spouses negotiate all three, using those rules as their guide.

Support between spouses is often the most emotional money issue, because it touches fairness, independence and the future. This page explains the three payments, how a court would approach them, and how couples settle them by agreement. For the overall approach, see our collaborative family law page.

How spousal payments are settled by agreement, step by step

Agree on the separation date. It marks when spousal support may begin; see residency and separation rules.
Share full income information. Pay stubs, tax returns, business income, bonuses and benefits. See what financial disclosure requires.
Build two budgets. What does each household need after the separation?
Run the guideline numbers. Your lawyers or a financial neutral calculate what the guidelines would suggest for spousal support or APL.
Discuss alimony after the divorce. Whether it is needed, how much, for how long, and what ends it.
Coordinate with property. A larger share of property can reduce the need for alimony, and vice versa. See dividing property by agreement.
Write precise terms. Amount, start and end dates, payment method, review or modification terms, and tax treatment.
Make it enforceable. Include the terms in the settlement and decree.

Spousal support, APL and alimony in Pennsylvania
Payment	When	How the amount is usually set	Source
Spousal support	After separation, whether or not a divorce is filed	Statewide guidelines based on the spouses' combined monthly net income	23 Pa.C.S. § 4321; Pa.R.C.P. 1910.16-1
Alimony pendente lite (APL)	While a divorce is pending	Statewide guidelines; the court may also order counsel fees and health coverage	23 Pa.C.S. § 3702; Pa.R.C.P. 1910.16-1
Alimony	After the divorce, only if necessary	17 statutory factors; the court sets amount and duration	23 Pa.C.S. § 3701

The alimony factors

A Pennsylvania court may award alimony only if it finds alimony necessary (§ 3701(a)). To decide whether it is necessary and its nature, amount, duration and manner of payment, the court considers all relevant factors, including the spouses' relative earnings and earning capacities; ages and physical, mental and emotional conditions; sources of income including benefits; expectancies and inheritances; the duration of the marriage; contributions to the other's education or earning power; the effect of caring for a minor child; the standard of living during the marriage; education and the time needed for training; assets and liabilities; property brought to the marriage; contribution as homemaker; relative needs; marital misconduct during the marriage (but not after final separation, except abuse); the tax ramifications; whether the spouse seeking alimony lacks enough property to meet reasonable needs; and whether that spouse is incapable of self-support (§ 3701(b)).

The court sets a definite or indefinite duration that is reasonable under the circumstances (§ 3701(c)). Alimony can be modified on a substantial and continuing change of circumstances, and remarriage of the receiving spouse ends it (§ 3701(e)). When a court approves an agreement for alimony voluntarily entered into by the spouses, the agreement constitutes the court's order and can be enforced (§ 3701(f)).

Spousal support and APL under the guidelines

Spouses have a duty to support each other according to their respective abilities (23 Pa.C.S. § 4321). The support guidelines set the amount of spousal support or APL based on the parties' combined monthly net income (Pa.R.C.P. 1910.16-1), with income calculated under Pa.R.C.P. 1910.16-2. If a court finds a duty to pay, the guideline amount is presumed correct unless the court finds it unjust or inappropriate. APL may also come with counsel fees and expenses and health insurance coverage for the dependent spouse while the case is pending (§ 3702(a)). Because child support and spousal support are calculated together, parents should read child support when parents settle alongside this page.

In Allegheny County, contested support claims go through a conference and hearing procedure at the Family Division; collaborative couples usually avoid that by agreeing on terms. See our guide to the Allegheny County Family Division.

Taxes

The IRS explains in Publication 504 that alimony paid under a divorce or separation instrument executed after 2018 is not deductible by the payer and not included in the income of the recipient. Older agreements may follow the earlier rules unless they are modified in a way that adopts the new treatment. Because Pennsylvania's alimony factors include tax ramifications (§ 3701(b)(15)), the tax treatment should be considered and stated in the agreement.

Designing alimony terms that last

Because collaborative couples write their own terms, they can build in clarity a court order might not include. The most durable agreements answer a few questions in plain words. What is the monthly amount, and is it a fixed figure or a formula? When does it start and end, and is the end date firm? What events end it early: remarriage (which ends court-ordered alimony under § 3701(e)), cohabitation, the death of either spouse? Can either spouse ask to change it if income changes substantially, or is it non-modifiable? If there is a lump sum instead of monthly payments, when is it paid and from what source? And how will payments be made and documented, so there is a clear record for both households and for tax purposes?

Some couples also agree on a "review" date, such as when the youngest child starts school, at which they will revisit support with fresh numbers. Writing that date into the agreement can prevent a dispute later, because both spouses expected the conversation.

Temporary support while you negotiate

Bills do not pause while a settlement is worked out. Many collaborative couples sign a short temporary agreement early in the process that covers who pays the mortgage or rent, utilities, insurance and car payments, and whether one spouse sends the other a monthly amount. A temporary agreement keeps both households stable, avoids a support filing at the county Domestic Relations office, and gives both spouses a few months of real experience with a budget before they commit to long-term numbers. The participation agreement usually says such temporary terms do not decide the final outcome, so neither spouse has to worry that a stopgap becomes a precedent.

What changes the answer

Length of the marriage. It is one of the statutory factors and often shapes duration.
Property division. More property for one spouse can reduce or remove the need for alimony (§ 3701(b)(16)).
Abuse. Abuse is considered even after separation; and a spouse convicted of a personal injury crime against the other generally cannot receive APL or spousal support except to prevent manifest injustice (§ 3702(b)).
Later changes. See what can be changed after the agreement.
Mediated agreements. The same rules apply; see what happens to a mediated agreement.

A worked example

For example, imagine hypothetical spouses Grace and Owen, married 18 years. Grace left full-time work to raise their children and now earns far less than Owen. After separation, they agree on a temporary support amount based on the guideline calculation. In the settlement, Grace receives a larger share of the marital property, and Owen pays alimony for a set number of years while Grace completes a training program, ending early if she remarries. Both lawyers confirm the terms consider the § 3701 factors, and the agreement states the post-2018 tax treatment. This is a hypothetical example only, not a predicted amount or result.

Common mistakes

Negotiating support and property separately. They affect each other.
Vague end dates. Say exactly when payments stop and what ends them early.
Ignoring taxes. The post-2018 rule changes the real cost and value of alimony.
Using a gross income number. The guidelines use net income.
Forgetting health insurance. Coverage after divorce often needs its own plan.

What to do this week

Gather six months of pay records and the last tax return for both spouses if you can.
Draft a monthly budget for your household after separation.
List any training or education you would need to increase your income.
Note health insurance options for after the divorce.
Read how the settlement becomes part of the decree.

Frequently asked questions

Is alimony automatic in Pennsylvania?

No. A court awards it only if necessary, after weighing the § 3701 factors. Spouses can agree to it in a settlement.

Does remarriage end alimony?

Under § 3701(e), remarriage of the receiving spouse terminates court-ordered alimony. Agreements should say so clearly too.

Can alimony be changed later?

Court-ordered alimony can be modified on a substantial and continuing change of circumstances. Agreements can say whether their terms are modifiable.

What is APL?

Alimony pendente lite, support paid while the divorce is pending, usually calculated under the guidelines.

Is alimony taxable?

For instruments executed after 2018, alimony is not deductible by the payer and not income to the recipient, according to IRS Publication 504.

Does an affair affect alimony?

Marital misconduct during the marriage is one factor; misconduct after final separation is not considered, except abuse.

How are spousal support and alimony settled in a Pennsylvania divorce agreement?