Is alimony based on need or fault?

In Pennsylvania, alimony is based on both need and fault. Fault is determined when one spouse has caused the breakdown of the marriage. Examples of this are adultery, abuse, desertion, and more. If a court determines that one spouse is at fault, their ability to receive alimony may be limited or prevented altogether. On the other hand, need is based on economic factors. The court looks at the earning ability of both spouses and evaluates how the breakdown of the marriage will affect each of their economic situations. This helps the court to determine whether one spouse should receive alimony and, if so, how much should be paid. The court may also consider the length of the marriage, the standard of living established during the marriage, and both parties’ ages and health. Ultimately, the court takes both fault and need into consideration when determining alimony awards in Pennsylvania. Fault may be considered to limit or bar the award of alimony, while need is evaluated to determine the amount of alimony and, in some cases, if it should be awarded.

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