Financial security after divorce is a real concern for many people. This is especially true when one spouse depended on the other for money during the marriage. Maybe you stayed home to raise children. Maybe you supported your spouse’s career. Or maybe you earned much less. You may wonder how you’ll manage money after you separate.
Alimony, also called spousal support, may be an option. But it’s not guaranteed in every case. Pennsylvania courts look at several key factors when deciding whether to award support and how much.
Prenuptial and postnuptial agreements
If you and your spouse signed a prenuptial or postnuptial agreement, this document may address alimony. Courts generally uphold these agreements if they were:
- Created fairly and voluntarily
- Made with full disclosure of assets
- Not unconscionable at the time of enforcement
These agreements can either waive alimony rights or set specific terms for support.
Financial relationship during marriage
Courts look closely at how finances worked during your marriage. Key considerations include:
- Which spouse earned income and how much
- Whether one spouse sacrificed career advancement to support the household
- Standard of living established during the marriage
- Length of the marriage
- Age and health of both parties
A spouse who gave up career opportunities to care for children or support their partner’s career may have a stronger case for support.
Earning capacity and potential
Your ability to support yourself financially matters significantly. The court will evaluate:
- Current income and employment status
- Education, training and work experience
- Time needed to acquire education or training for employment
- Earning potential based on skills and the job market
If you’ve been out of the workforce for years, the court understands you may need time and support to become self-sufficient.
Protecting your financial future
Getting a fair financial settlement is key to easing your move out of marriage. But understand that every divorce is different. Understanding how these factors apply to your case can help you plan for your financial future with more clarity and peace of mind.