Legal Question in Family Law in Pennsylvania

hello, please answer my question... My spouse is retired. Can Spousal Support payments be collected from his retirement?

Thank you.


Asked on 5/14/15, 5:32 am

2 Answers from Attorneys

John Davidson Law Office of John A. Davidson

Depends first does his retirement income exceed your income. Has a fault ground be leveled against you?

If he;s retired I'm assuming that there are no child support issues. So Spousal support would be 40% of the difference in incomes. That assumes there that if he sued you for divorce he didn't allege a fault ground.

{John}

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Answered on 5/14/15, 7:26 am
ANDREA G. TILLIS Law Offices of Andrea G. Tillis

I agree with my colleague, but would add one more thing. You did not state your age, or if you are able to work. The Court that is asked to grant spousal support will take into account your age as compared to that of your husband, and your ability to work. If you are employable, but do not want to work, the Court will impute income to you. So, if the Court finds that a wife is substantially younger than her husband and is still capable of being employed, but does not want to work, will impute an amount to her as income she would have been earning, had she chosen to be employed.

ANDREA

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Answered on 5/14/15, 8:05 am


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