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:

• The relative earnings and earning capacities of the parties.
• The ages and the physical, mental and emotional conditions of the parties.
• The sources of income of both parties, including, but not limited to, medical, retirement, insurance or other benefits.
• The expectancies and inheritances of the parties.
• The duration of the marriage.
• The contribution by one party to the education, training or increased earning power of the other party.
• 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.
• The standard of living of the parties established during the marriage.
• 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.
• The relative assets and liabilities of the parties.
• The property brought to the marriage by either party.
• The contribution of a spouse as homemaker.
• The relative needs of the parties.
• 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.
• The Federal, State and local tax ramifications of the alimony award.
• Whether the party seeking alimony lacks sufficient property to provide for the party’s reasonable needs.
• Whether the party seeking alimony is incapable of self-support through appropriate employment.  23 Pa.C.S. §3701(b)

An order of alimony is subject to further order of the court upon changed circumstances of either party of a substantial and continuing nature. The original alimony award may be modified, suspended, terminated or re-instituted or a new order made. Any further order shall apply only to payments accruing subsequent to the petition for the requested relief. 23 Pa.C.S. §3701(e)

Remarriage of the party receiving alimony shall terminate the award of alimony. 23 Pa.C.S. §3701(e). Further, no petitioner is entitled to receive an award of alimony where the petitioner, subsequent to the divorce pursuant to which alimony is being sought, has entered into cohabitation with a person of the opposite sex who is not a member of the family of the petitioner within the degrees of consanguinity.  23 Pa.C.S. §3706.  Upon the death of the payee party, the right to receive alimony ceases. Upon the death of the payor party, the obligation to pay alimony ceases unless otherwise indicated in an agreement between the parties or an order of court. 23 Pa.C.S. §3707

Married persons are liable for the support of each other according to their respective abilities to provide support as provided by law.  23 Pa.C.S. §4321. Spousal support assures a reasonable living allowance for a dependent spouse. Marshall v. Marshall, 591 A.2d 1060 (Pa.Super. 1991). A spousal support award should be fair, nonconfiscatory, and attendant to the circumstances of the parties. Myers v. Myers, 592 A.2d 339 (Pa.Super. 1991).  The duty of spousal support is common to both spouses, Ball v. Minnick, 606 A.2d 1181 (Pa.Super. 1992), and the obligation of support depends not on the sex of the petitioner but on the petitioner’s need in view of the relative financial circumstances of the parties. McWilliams v. McWilliams, 537 A.2d 35 (Pa.Super. 1988). Both spouses also are liable for the payment of debts contracted for necessaries by either spouse for the support and maintenance of the family.  In all cases where debts are contracted for necessaries by either spouse for the support and maintenance of the family, it is lawful for the creditor to institute suit against the husband and wife for the price of such necessaries and, after obtaining a judgment, have an execution against the spouse contracting the debt alone; and, if no property of that spouse is found, execution may be levied upon and satisfied out of the separate property of the other spouse. 23 Pa.C.S. §4102.  The scope of “necessaries,” for purposes of the Pennsylvania provision governing proceedings in case of debts contracted for necessaries, is not restricted to what may be considered the bare essentials required to hold body and soul together; things required for and suitable in light of the rank and position of the spouses to maintain their lifestyle are also included. 23 Pa.C.S.A. § 4102;   In re Olexa, 476 F.3d 177 (3d Cir. 2007).

Parents are liable for the support of their children who are unemancipated and 18 years of age or younger. Parents may be liable for the support of their children who are 18 years of age or older, despite a rebuttable presumption that a parent’s legal obligation to pay child support ends when the child turns 18 or completes high school, whichever is later.  23 Pa.C.S. §4321.

Child and spousal support awards are made pursuant to a Statewide guideline as established by general rule by the Pennsylvania Supreme Court, so that persons similarly situated shall be treated similarly. The support guideline is based upon the reasonable needs of the child or spouse seeking support and the ability of the obligor to provide support. In determining the reasonable needs of the child or spouse seeking support and the ability of the obligor to provide support, the guideline places primary emphasis on the net incomes and earning capacities of the parties, with allowable deviations for unusual needs, extraordinary expenses and other factors, such as the parties’ assets, as warrant special attention. The guideline so developed is reviewed at least once every four years. There exists a rebuttable presumption in any judicial proceeding that the amount of the award which would result from the application of such guideline is the correct amount of support to be awarded.  23 Pa.C.S. §4322.

An award of alimony pendente lite (APL) is designed to enable the dependent spouse to prosecute or to defend a divorce action. Orr v. Orr,315 Pa.Super. 168, 461 A.2d 850 (1983). It is also designed to help the dependent spouse maintain the standard of living enjoyed while living with the independent spouse. McNulty v. McNulty, 347 Pa.Super. 363, 500 A.2d 876 (1985). Therefore, a dependent spouse may be entitled to alimony pendente lite and counsel fees because both are necessary to maintain the divorce proceeding and a certain standard of living. This is particularly true when the dependent spouse is employed and attempting to complete an education. DeMasi v. DeMasi, 530 A.2d 871 (Pa.Super. 1987).

The differences between spousal support and APL relate to non-financial issues such as  the effect of marital misconduct and the duration of payments.   A spouse who is guilty of marital misconduct forfeits his/her claim to spousal support. However, such a spouse is still eligible for APL. See Hanson v. Hanson, 177 Pa. Super. 384, 110 A.2d 750 (1955).  An award of APL is temporary.  Upon the entry of a divorce decree, spousal support ends, but is automatically converted to APL if economic claims remain pending.  With respect to the issue of financial need, a spouse petitioning for APL does not have to prove financial need in order to obtain an APL award. There is no distinction in the financial amount to be  awarded  for spousal support or APL: the amount to be awarded  is presumed to be the same guideline amount for APL as well as spousal support. Irving v. Irving, 51 Ches. Co. L. Rep. 27 (Chester Co. 2003); Prud’homme v. Prud’homme, 48 Pa. D. & C. 4th 182 (Lehhigh Co. 2000).  The calculation of the amount of spousal support and alimony pendente lite obligations is made pursuant to the formula appearing in Rule 1910.16-4 of the Pennsylvania Rules of Civil Procedure.