Law Office of Joanne Kleiner

Archives for March 2017

Mar 21

Is Alimony Available in Pennsylvania?

Alimony

If your marriage is in trouble and you are considering filing for divorce, one of your concerns, whether you are a working or stay-at-home spouse, is whether alimony will be part of the divorce decree. Though alimony is nowhere near as common as it used to be, with both spouses working in most marriages, the court still has the discretion to require that one party pay the other a monthly allowance, and that can take a number of forms.

The first thing to understand is that Pennsylvania makes a distinction between spousal support and alimony. Spousal support is paid before a divorce is final and alimony is paid after a divorce decree is entered. Spousal support can be ordered, even if no divorce complaint has been filed. Once a complaint is filed, the court typically enters an alimony pendent lite order, or alimony “while the divorce action is pending.”

The Criteria for Determining Whether Alimony is Warranted

In Pennsylvania, the courts will consider a number of factors to when making the decision whether to grant alimony, including:

  • The earning potential and capacity of both parties
  • The age and health of the parties
  • How long the parties have been married
  • The standard of living to which the parties were accustomed during the marriage
  • Any contribution that one party made to the earning capacity of the other—paying for college education or job training, for example
  • The relative assets and liabilities of the parties
  • The  contribution of a spouse as homemaker
  • Any marital misconduct or fault, such as infidelity

The Duration of Alimony in Pennsylvania

In general, the courts can order alimony for a specific period of time, with a designated end date, or until the court changes the order. Typically, an alimony order will end if the recipient remarries or cohabitates with a person of the opposite sex who is not a family member. It will also terminate if either party dies.

Contact Attorney Joanne E. Kleiner

Let us help you protect your rights. Contact our office online or call us at 215-886-1266 to schedule a confidential consultation. We will help you stay focused on the issues that matter.

Mar 03

Determining Custody and Visitation in Pennsylvania

Determining Custody

When you are involved in a family law dispute, whether it’s the breakup of a marriage or a long-term relationship, and there are minor children involved, you’ll have to make difficult decisions about where your children will spend most of their time—who will be the custodial parent—and how visitation will work—when they will see the non-custodial parent. You can typically work out an arrangement, but the court will likely review it to ensure it’s in the best interests of your children. If you can’t come to agreement, the court may need to get involved.

The first thing to understand is that there are technically two types of custody: physical custody and legal custody. Physical custody refers to where the children actually live when they are not on visitation, where they spend most of their time. Legal custody refers to decisions about the child’s well-being, such as education, medical needs and religious training. The courts encourage both parents to be involved with legal custody, in an arrangement known as joint legal custody. With respect to physical custody, though, the arrangement can take a variety of forms, but ultimately must give priority to the best interests of the children.

Factors the Court Will Consider in Custody and Visitation Proceedings

When assessing how custody and visitation should work, the courts will consider a couple factors:

  • The likelihood that each parent will encourage and foster continuing and frequent contact between the child and the other parent
  • Any evidence of domestic violence or abuse

If there’s evidence of domestic violence or abuse, involving either a spouse or a child, the court can either deny visitation altogether or order supervised visitation only.

Contact Us

At the office of Joanne E. Kleiner & Associates, we have more than 25 years of family law experience. We’ll help you stay focused on what matters. To schedule an appointment with an experienced Pennsylvania divorce attorney, contact our office online or call us at 215-886-1266.