Reviewed August 2026
Spousal Support in Pennsylvania
Pennsylvania's alimony law is organized under 23 Pa.C.S. Chapter 37. That chapter separates support into a few distinct pieces. Alimony pendente lite, covered in section 3702, is temporary support paid while a divorce case is still pending. Alimony itself, covered in section 3701, is the support a court may order after the divorce. Courts decide it case by case, not through a fixed formula. The chapter also includes a specific bar to alimony, in section 3706. It has a provision addressing what happens on the death of either party, in section 3707. This page could not pull the full statutory text of these sections directly from Pennsylvania's legislative website. The details below describe the general, well-established shape of the law. Confirm the exact current wording against the statute before you rely on a specific detail. The overall shape of the chapter is well established: temporary support, post-divorce alimony, a fault bar, and a death provision. The fine print still needs a direct check.
Virdix's document-preparation product currently prepares divorce paperwork for California and Florida cases. This page explains how spousal support works under Pennsylvania law for people researching before they file. It is not legal advice, and Virdix does not prepare or file Pennsylvania paperwork. See how Virdix works for California divorces.
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Alimony pendente lite vs. post-divorce alimony
Pennsylvania treats these two kinds of support as legally distinct. Alimony pendente lite is paid while a divorce case is still working its way through court. It is generally meant to help both spouses cover litigation costs and basic needs while the case is pending. Post-divorce alimony under section 3701 works differently. Courts decide it based on the broader financial and equitable circumstances of the marriage once the case concludes.
These two forms of support serve different purposes. A spouse can receive alimony pendente lite during the case without that continuing automatically. It does not even suggest that post-divorce alimony will follow once the case ends.
Factors used to decide alimony
Pennsylvania courts weigh several factors when deciding whether to award post-divorce alimony, and how much. These generally include each spouse's relative earnings and earning capacity. Age, health, and the length of the marriage also matter. Courts also look at contributions as a homemaker and at the education and training needed to become self-supporting.
Other factors include the standard of living during the marriage, and each spouse's assets, liabilities, and needs. Tax consequences of an award count too. This page could not independently verify the precise, current statutory factor list in section 3701. Treat this as a general description, not a verbatim quote. Pennsylvania courts have historically applied a broad, multi-factor approach here. That approach is closer in spirit to neighboring states like New Jersey than to states that lean on a narrow, short list.
The statutory bar and termination on death
Section 3706 of Pennsylvania's alimony chapter generally addresses circumstances that can bar or cut off further alimony to the receiving spouse. Remarriage is typically one of those circumstances. Section 3707 generally addresses what happens to an alimony obligation when either party dies.
This page did not independently confirm the exact current text of both sections. Do not assume a specific outcome, such as automatic termination on remarriage, without checking the current statute or your own decree first. These two sections sit alongside the enforcement provisions in the same chapter. That is part of why Pennsylvania's alimony statute reads as a fairly complete, self-contained framework.
Where Pennsylvania alimony cases are handled
Divorce and alimony matters in Pennsylvania are handled in the Court of Common Pleas for the county where the case is filed, in that county's family division.
Alimony pendente lite, post-divorce alimony, and property division can all come up in the same case. Because of that, Pennsylvania courts often address them together rather than as entirely separate proceedings. A county's family division or self-help resources can confirm current local filing procedures and any standing orders that affect how alimony requests are handled there. Pennsylvania's 67 counties can differ noticeably in local practice. Filers should not assume a rule that applies in one county automatically applies statewide across the entire commonwealth of Pennsylvania. Check first with the relevant county's own family division directly, since practices genuinely differ from one Pennsylvania county to the next in practical terms.
Sources: 23 Pa.C.S. Chapter 37 table of contents (Pennsylvania General Assembly), Pennsylvania Courts homepage, IRS Topic No. 452, Alimony and Separate Maintenance
Not independently confirmed
- Full current text of 23 Pa.C.S. Sections 3701 through 3707 (the statute renders through a JavaScript-driven iframe on palegis.us / legis.state.pa.us and could not be extracted directly; only the chapter table of contents was confirmed)
- Exact current statutory factor list for alimony under Section 3701
- Exact current bar-to-alimony terms under Section 3706, including whether remarriage automatically terminates alimony
Spousal Support in Pennsylvania: frequently asked questions
What is alimony pendente lite in Pennsylvania?+
Alimony pendente lite is temporary support paid to a spouse while a divorce case is still pending in court. It falls under 23 Pa.C.S. Section 3702. It is legally distinct from alimony ordered after the divorce is finalized.
How is alimony decided after a Pennsylvania divorce?+
Pennsylvania does not use a fixed formula. Courts decide post-divorce alimony under Section 3701 case by case. They generally weigh factors like each spouse's earnings, earning capacity, age, health, marriage duration, and the standard of living during the marriage.
Does alimony end if the recipient remarries in Pennsylvania?+
Pennsylvania's alimony chapter includes a specific bar-to-alimony provision at Section 3706 that generally addresses remarriage. This page did not independently confirm the exact current text. Check the statute or your own decree before assuming a specific outcome.
What happens to Pennsylvania alimony if a spouse dies?+
Section 3707 of the statute addresses what happens to an alimony obligation when a spouse dies. Confirm the exact current terms with the statute or a family law self-help resource.
Does Pennsylvania have a specific alimony statute separate from property division?+
Yes. Alimony is addressed in Chapter 37 of Title 23 of the Pennsylvania Consolidated Statutes, sections 3701 through 3707. That chapter is organized separately from the state's equitable distribution rules for marital property, which appear elsewhere in the same title.
Is Pennsylvania alimony taxable?+
Under federal law, for agreements executed after December 31, 2018, alimony is not deductible by the paying spouse. It is not taxable to the recipient either. This is a federal Tax Cuts and Jobs Act rule, and it applies in Pennsylvania the same as in every other state.
This page is general information about spousal support in Pennsylvania, not legal advice for your situation. Laws, fees, and procedures change over time; confirm current details with Pennsylvania's own courts before relying on anything here. Virdix is not a law firm and is not licensed to practice law in Pennsylvania. Virdix does not prepare or file Pennsylvania divorce paperwork. It is not a substitute for an attorney licensed in Pennsylvania.
More Pennsylvania divorce guides
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