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ED removed so no right to alimony?

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buster2209

Junior Member
What is the name of your state (only U.S. law)? PA

My wife has filed for divorce. In the divorce complaint, she also filed for equitable distribution of marital assets, spousal support, and alimony.

My wife's lawyer tells me that she wants to pull the ED part from the original complaint on receipt of one item in my possession in lieu of a formal property agreement. He says that if this pulled, she has no claim to alimony.

Is this true?
 


Zigner

Senior Member, Non-Attorney
One should never take legal advice from their ex (or their ex's attorney.)
 

tuffbrk

Senior Member
You need to retain an attorney. Understand that YOUR attorney will look out for YOUR best interests (if you get a decent one) and HER attorney will look out for HER best interests. That is, after all, why you retain an attorney.

You can sign away the family home and dog- doesn't mean that she won't demand and/or receive alimony. Your ex's attorney is not acting in good faith advising that giving up an asset will be in lieu of alimony. That's not to say you can't negotiate items in place of alimony - however, you did not provide any details about your marriage, income, etc. Review the statute below to see if there's really any opportunity that she will be awarded alimony in the first place.


The Divorce Code at 23 Pa.C.S.A. 3701 states that when a divorce decree has been entered, "The court may allow alimony, as it deems reasonable… only if it finds that alimony is necessary." To determine if alimony is reasonable and necessary the Court looks at the following 17 factors:



(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.

(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.


Once the Court determines that alimony is reasonable and necessary, the Court has the discretion to determine the length of time a person pays/receives alimony. The Court may base it upon the length of the marriage, the time it would take the recipient spouse to find appropriate employment, or an event (such as a child graduating from high school or the recipient spouse becoming eligible for social security or retirement).
 

buster2209

Junior Member
There is no chance of alimony. We haven't been married long and I only earn about $15k more than her per year. Besides, my attorney said not to worry about for the reasons I stated.

I just wanted to know if you don't go for ED, then you can't get alimony.

I did find this;

Pennsylvania Alimony | Spousal Support | Divorce Alimony | Pittsburgh Family Lawyers

In Pennsylvania, alimony is a secondary remedy which is awarded in cases where the division of marital property does not provide sufficient economic resources to enable a dependent spouse to achieve self-support through appropriate employment.
So it appears what he said is correct.

I was just double checking.
 

mistoffolees

Senior Member
There is no chance of alimony. We haven't been married long and I only earn about $15k more than her per year. Besides, my attorney said not to worry about for the reasons I stated.

I just wanted to know if you don't go for ED, then you can't get alimony.

I did find this;

Pennsylvania Alimony | Spousal Support | Divorce Alimony | Pittsburgh Family Lawyers



So it appears what he said is correct.

I was just double checking.
No, he is not correct. Alimony can be awarded even if there is no property to divide. Alimony and property division are entirely separate matters. It is possible to trade one against the other (for example, one can take extra property in lieu of alimony), but simply saying that you didn't divide properly doesn't preclude alimony.
 

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