CHAPTER 37
ALIMONY AND SUPPORT
Sec.
3701. Alimony.
3702. Alimony pendente lite, counsel fees and expenses.
3703. Enforcement of arrearages.
3704. Payment of support, alimony and alimony pendente lite.
3705. Enforcement of foreign decrees.
3706. Bar to alimony.
3707. Effect of death of either party.
Enactment. Chapter 37 was added December 19, 1990, P.L.1240, No.206, effective in 90 days.
Cross References. Chapter 37 is referred to in section 3505 of Title 5 (Athletics and Sports).
§ 3701. Alimony.
(a) General rule.--Where a divorce decree has been entered, the court may allow alimony, as it deems
reasonable, to either party only if it finds that alimony is necessary.
(b) Factors relevant.--In determining whether alimony is necessary and in determining the nature, amount,
duration and manner of payment of alimony, the court shall consider all relevant factors,
including:
(1) The relative earnings and earning capacities of the parties.
(2) The ages and the physical, mental and emotional conditions of the parties.
(3) The sources of income of both parties, including, but not limited to, medical, retirement,
insurance or other benefits.
(4) The expectancies and inheritances of the parties.
(5) The duration of the marriage.
(6) The contribution by one party to the education, training or increased earning power
of the other party.
(7) The extent to which the earning power, expenses or financial obligations of a party
will be affected by reason of serving as the custodian of a minor child.
(8) The standard of living of the parties established during the marriage.
(9) The relative education of the parties and the time necessary to acquire sufficient
education or training to enable the party seeking alimony to find appropriate employment.
(10) The relative assets and liabilities of the parties.
(11) The property brought to the marriage by either party.
(12) The contribution of a spouse as homemaker.
(13) The relative needs of the parties.
(14) The marital misconduct of either of the parties during the marriage. The marital misconduct
of either of the parties from the date of final separation shall not be considered
by the court in its determinations relative to alimony, except that the court shall
consider the abuse of one party by the other party. As used in this paragraph, "abuse"
shall have the meaning given to it under section 6102 (relating to definitions).
(15) The Federal, State and local tax ramifications of the alimony award.
(16) Whether the party seeking alimony lacks sufficient property, including, but not limited
to, property distributed under Chapter 35 (relating to property rights), to provide
for the party's reasonable needs.
(17) Whether the party seeking alimony is incapable of self-support through appropriate
employment.
(c) Duration.--The court in ordering alimony shall determine the duration of the order, which may
be for a definite or an indefinite period of time which is reasonable under the circumstances.
(d) Statement of reasons.--In an order made under this section, the court shall set forth the reason for its
denial or award of alimony and the amount thereof.
(e) Modification and termination.--An order entered pursuant to this section is subject to further order of the court
upon changed circumstances of either party of a substantial and continuing nature
whereupon the order may be modified, suspended, terminated or reinstituted or a new
order made. Any further order shall apply only to payments accruing subsequent to
the petition for the requested relief. Remarriage of the party receiving alimony shall
terminate the award of alimony.
(f) Status of agreement to pay alimony.--Whenever the court approves an agreement for the payment of alimony voluntarily entered
into between the parties, the agreement shall constitute the order of the court and
may be enforced as provided in section 3703 (relating to enforcement of arrearages).
(Dec. 16, 1997, P.L.549, No.58, eff. Jan. 1, 1998; Mar. 24, 1998, P.L.204, No.36,
eff. imd.)
1998 Amendment. Act 36 amended subsec. (b)(14).
1997 Amendment. Act 58 amended subsec. (b).
Cross References. Section 3701 is referred to in section 3703 of this title.
Notes of Decisions
Cited in
96
cases (
21 in the last 5 years), 1991–2026 · leading case:
McMahon v. McMahon, 612 A.2d 1360 (Pa. Super. Ct. 1992).
McMahon v. McMahon, 612 A.2d 1360 (Pa. Super. Ct. 1992).
· cites it 16× “Despite provisions in the Divorce Code, 23 Pa.C.S. § 3706, Bar to alimony, which prohibits an award of alimony where the petitioner cohabits with a person of the opposite sex (here, remarriage) and 23 Pa.”
Rosiecki, S. v. Rosiecki, W., 231 A.3d 928 (Pa. Super. Ct. 2020).
· cites it 5× “In relevant part, Husband alleged that The trial court erred in failing to find that [23 Pa.C.S. § 3701] contains a provision for the modification, suspension, or even termination of alimony, and in failing to find that [it] had both the jurisdiction and power to consider the…”
Perlberger v. Perlberger, 626 A.2d 1186 (Pa. Super. Ct. 1993).
· cites it 6× “23 Pa.C.S. § 3701(b)(1)-(14). Wife first argues that the court erred in determining that she possessed an earning capacity of $30,000.”
Cook, R. v. Cook, D., 186 A.3d 1015 (Pa. Super. Ct. 2018).
· cites it 2× “23 Pa.C.S. § 3701(a) -(b). 3 The relevant factors in an equitable distribution determination are: (1) The length of the marriage.”
Wagoner v. Wagoner, 648 A.2d 299 (Pa. 1994).
· cites it 4× “Appellant has sought our review of the denial of his request to modify an alimony award under 23 Pa.C.S. § 3701, 428 Pa.Super. 648 , 627 A.”
Morgan, D. v. Morgan, S., 193 A.3d 999 (Pa. Super. Ct. 2018).
· cites it 2× “Although the trial court acknowledged that Husband willfully presented false evidence of his income at the January 2011 Hearing and characterized Husband's conduct as "despicable," the trial court determined that it was bound by the factors listed in 23 Pa.C.S. § 3701 and issued…”
DeMasi v. DeMasi, 597 A.2d 101 (Pa. Super. Ct. 1991).
· cites it 2× “23 Pa.C.S. § 3701(a). Thus, alimony is not available until after the divorce decree has been entered.”
Llaurado, M. v. Garcia-Zapata, 223 A.3d 247 (Pa. Super. Ct. 2019).
· cites it 2× “23 Pa.C.S. § 3701(b). The court is required to consider each of the seventeen Section 3701(b) factors where relevant.”
Leister v. Leister, 684 A.2d 192 (Pa. Super. Ct. 1996).
· cites it 2× “A spouse may need the desirable aspect of a support Order, one of which is its appealability.”
McMahon v. Shea, 688 A.2d 1179 (Pa. 1997).
· cites it 2× “" 23 Pa.C.S. § 3701(e). [4] Mr. McMahon asserted that when the courts found in Mrs.”
Balicki v. Balicki, 4 A.3d 654 (Pa. Super. Ct. 2010).
“However, consideration of the income tax consequences is man *660 dated by 23 Pa.C.S. § 3701, which provides, (b) Factors relevant — In determining whether alimony is necessary and in determining the nature, amount, duration and manner of payment of alimony, the court shall…”
Kent v. Kent, 16 A.3d 1158 (Pa. Super. Ct. 2011).
· cites it 2× “In determining whether alimony is necessary, the trial court must consider the enumerated factors set forth in 23 Pa.C.S. § 3701. That statute provides: (b) Factors relevant.”
— 23 Pa. Cons. Stat. § 3701(14) — 1 case
— 23 Pa. Cons. Stat. § 3701(a) — 15 cases
Cook, R. v. Cook, D., 186 A.3d 1015 (Pa. Super. Ct. 2018).
“23 Pa.C.S. § 3701(a) -(b). 3 The relevant factors in an equitable distribution determination are: (1) The length of the marriage.”
Rosiecki, S. v. Rosiecki, W., 231 A.3d 928 (Pa. Super. Ct. 2020).
“In relevant part, Husband alleged that The trial court erred in failing to find that [23 Pa.C.S. § 3701] contains a provision for the modification, suspension, or even termination of alimony, and in failing to find that [it] had both the jurisdiction and power to consider the…”
DeMasi v. DeMasi, 597 A.2d 101 (Pa. Super. Ct. 1991).
“23 Pa.C.S. § 3701(a). Thus, alimony is not available until after the divorce decree has been entered.”
— 23 Pa. Cons. Stat. § 3701(a)(13) — 1 case
— 23 Pa. Cons. Stat. § 3701(b) — 37 cases
Cook, R. v. Cook, D., 186 A.3d 1015 (Pa. Super. Ct. 2018).
“23 Pa.C.S. § 3701(a) -(b). 3 The relevant factors in an equitable distribution determination are: (1) The length of the marriage.”
Llaurado, M. v. Garcia-Zapata, 223 A.3d 247 (Pa. Super. Ct. 2019).
“23 Pa.C.S. § 3701(b). The court is required to consider each of the seventeen Section 3701(b) factors where relevant.”
— 23 Pa. Cons. Stat. § 3701(b)(1) — 14 cases
Morgan, D. v. Morgan, S., 193 A.3d 999 (Pa. Super. Ct. 2018).
“Although the trial court acknowledged that Husband willfully presented false evidence of his income at the January 2011 Hearing and characterized Husband's conduct as "despicable," the trial court determined that it was bound by the factors listed in 23 Pa.C.S. § 3701 and issued…”
Perlberger v. Perlberger, 626 A.2d 1186 (Pa. Super. Ct. 1993).
“23 Pa.C.S. § 3701(b)(1)-(14). Wife first argues that the court erred in determining that she possessed an earning capacity of $30,000.”
Llaurado, M. v. Garcia-Zapata, 223 A.3d 247 (Pa. Super. Ct. 2019).
“23 Pa.C.S. § 3701(b). The court is required to consider each of the seventeen Section 3701(b) factors where relevant.”
— 23 Pa. Cons. Stat. § 3701(b)(14) — 2 cases
Perlberger v. Perlberger, 626 A.2d 1186 (Pa. Super. Ct. 1993).
“23 Pa.C.S. § 3701(b)(1)-(14). Wife first argues that the court erred in determining that she possessed an earning capacity of $30,000.”
— 23 Pa. Cons. Stat. § 3701(b)(16) — 1 case
— 23 Pa. Cons. Stat. § 3701(b)(2) — 1 case
— 23 Pa. Cons. Stat. § 3701(b)(5) — 3 cases
— 23 Pa. Cons. Stat. § 3701(b)(7) — 2 cases
Perlberger v. Perlberger, 626 A.2d 1186 (Pa. Super. Ct. 1993).
“23 Pa.C.S. § 3701(b)(1)-(14). Wife first argues that the court erred in determining that she possessed an earning capacity of $30,000.”
— 23 Pa. Cons. Stat. § 3701(b)(8) — 1 case
— 23 Pa. Cons. Stat. § 3701(b)(c) — 1 case
— 23 Pa. Cons. Stat. § 3701(b)(e) — 1 case
Kent v. Kent, 16 A.3d 1158 (Pa. Super. Ct. 2011).
“In determining whether alimony is necessary, the trial court must consider the enumerated factors set forth in 23 Pa.C.S. § 3701. That statute provides: (b) Factors relevant.”
— 23 Pa. Cons. Stat. § 3701(b)(l) — 1 case
Perlberger v. Perlberger, 626 A.2d 1186 (Pa. Super. Ct. 1993).
“23 Pa.C.S. § 3701(b)(1)-(14). Wife first argues that the court erred in determining that she possessed an earning capacity of $30,000.”
— 23 Pa. Cons. Stat. § 3701(c) — 2 cases
— 23 Pa. Cons. Stat. § 3701(d) — 1 case
— 23 Pa. Cons. Stat. § 3701(e) — 16 cases
McMahon v. McMahon, 612 A.2d 1360 (Pa. Super. Ct. 1992).
“Despite provisions in the Divorce Code, 23 Pa.C.S. § 3706, Bar to alimony, which prohibits an award of alimony where the petitioner cohabits with a person of the opposite sex (here, remarriage) and 23 Pa.”
Rosiecki, S. v. Rosiecki, W., 231 A.3d 928 (Pa. Super. Ct. 2020).
“In relevant part, Husband alleged that The trial court erred in failing to find that [23 Pa.C.S. § 3701] contains a provision for the modification, suspension, or even termination of alimony, and in failing to find that [it] had both the jurisdiction and power to consider the…”
McMahon v. Shea, 688 A.2d 1179 (Pa. 1997).
“" 23 Pa.C.S. § 3701(e). [4] Mr. McMahon asserted that when the courts found in Mrs.”
Wagoner v. Wagoner, 648 A.2d 299 (Pa. 1994).
“Appellant has sought our review of the denial of his request to modify an alimony award under 23 Pa.C.S. § 3701, 428 Pa.Super. 648 , 627 A.”
DeMasi v. DeMasi, 597 A.2d 101 (Pa. Super. Ct. 1991).
“23 Pa.C.S. § 3701(a). Thus, alimony is not available until after the divorce decree has been entered.”
— 23 Pa. Cons. Stat. § 3701(f) — 1 case
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