New York Joins Pennsylvania in Implementing Formula to Set Temporary Alimony Payments

By Sheryl Rentz on July 12, 2011

According to The New York Times, New York State recently became one of the few states in the country to adopt a formula for setting certain alimony awards in an effort to make them more predictable and fair. The only other states that use a mathematical formula are Pennsylvania and Colorado. The formula only applies to temporary alimony when the combined income of both parties divorcing is not greater than $75,000 per year. However, in certain circumstances, the court may decide that the formula is not applicable.

In Pennsylvania, temporary alimony is referred to as alimony pendent lite, and is the amount paid by one spouse to the other following a divorce. These payments can help a spouse who earns very little or nothing support themselves and any dependent children.

Currently, no state uses a formula to calculate payments for “ordinary” alimony, meaning the awards granted in these cases can vary greatly, even in similar cases. However, recently, reformers have been pushing to require judges to use a formula to calculate these payments in all cases. Typically, most states allow judges to set payment amounts, taking into account how much each party earns, their age and health, their individual ability to support themselves, and the contributions each of them made to the marriage. Implementing a set formula would replace most of these factors, limiting a judge’s discretion to consider the facts in each case.

If you are considering a divorce in Pennsylvania, the experienced Delaware County family law attorneys at The Law Offices of Sheryl R. Rentz can help ensure that you and your child receive the alimony, child custody arrangement, and more you need. To learn more about what type of alimony you may receive as well as information about other divorce-related issues, call 610-645-0100 today.