Bill Text: PA SB49 | 2009-2010 | Regular Session | Introduced

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Bill Title: In alimony and support, repealing and adding provisions relating to alimony; repealing provisions relating to bar to alimony and to effect of death on either party on the payment or receipt of alimony; and making an editorial change.

Sponsorship: Bipartisan Bill

Status: (Introduced - Dead) 2009-01-20 - Referred to JUDICIARY [SB49 Detail]

Download: Pennsylvania-2009-SB49-Introduced.html

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PRINTER'S NO. 34
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 49 Session of2009
INTRODUCED BY GREENLEAF, TARTAGLIONE, EICHELBERGER, RAFFERTY, FERLO, BAKER AND COSTA, JANUARY 20, 2009
REFERRED TO JUDICIARY, JANUARY 20, 2009
AN ACT
Amending Title 23 (Domestic Relations) of the Pennsylvania
Consolidated Statutes, in alimony and support, repealing and
adding provisions relating to alimony; repealing provisions
relating to bar to alimony and to effect of death on either
party on the payment or receipt of alimony; and making an
editorial change.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 3701 of Title 23 of the Pennsylvania
Consolidated Statutes is repealed:
[§ 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
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(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).]
Section 2. Title 23 is amended by adding sections to read:
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§ 3701.1. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Cohabitation." The act of two individuals residing together
and mutually assuming those rights and duties usually attendant
upon a marriage relationship. Cohabitation may be shown by
evidence of financial, social and sexual interdependence, by a
sharing of the same residence and by other means. This
definition shall apply to all alimony awards and to all alimony
agreements, unless otherwise provided in the agreement.
"Compensatory alimony." Includes payments for a spouse who
contributed to the education or training, or both, of the other
spouse, substantially increasing the earning capacity of the
other spouse.
"Excess income." The amount by which a party's income or
earning capacity exceeds the party's reasonable needs.
"Reasonable needs." The needs of a party consistent with a
realistic lifestyle during the marriage in light of the parties'
economic circumstances following the divorce.
"Reimbursement alimony." Includes payments for a spouse who
contributed nonmarital assets to the marriage.
"Unfunded needs." The amount by which a party's reasonable
needs exceed the party's income and earning capacity.
§ 3701.2. Alimony.
(a) General rule.--The court shall consider an award of
alimony:
(1) at the request of a party; and
(2) upon a determination that:
(i) the petitioner has unfunded needs; and
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(ii) the respondent has excess income.
(b) Factors for unfunded needs and excess income.--In
determining the amount of a party's respective unfunded needs
and excess income, the court shall consider the following
factors:
(1) The income and earning capacity of each party,
including the income that is or could be reasonably derived
from all the assets of each party.
(2) The age and physical, mental and emotional condition
of each party.
(3) The benefits received by or available to each party,
including, but not limited to, medical, retirement, insurance
or other benefits.
(4) The extent to which a party's earning capacity,
expenses or financial obligations were or will be affected
because the party served or will serve as the custodian of a
minor child.
(5) The standard of living of the parties established
during marriage.
(6) The relative education of the parties and the
reasonable anticipated expenses to acquire sufficient
education or training to enable the petitioner to enhance the
petitioner's earning capacity.
(7) The reasonable liabilities of each party, including
debt service on those liabilities.
(8) The obligations of each party for child support.
(9) The Federal, State and local tax ramifications of
the alimony award.
(10) The extent to which income and assets have already
been taken into account in determining an award of equitable
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distribution, child support, counsel fees or otherwise.
(c) Amount of alimony.--Upon a determination that an award
of alimony is appropriate, the amount of the award shall be
equal to the least of:
(1) the amount of the petitioner's unfunded needs;
(2) the amount of the respondent's excess income; or
(3) an amount equal to the spousal support determined
under the Pennsylvania Support Guidelines.
(d) Duration of alimony generally.--
(1) The court in awarding alimony shall determine
whether the award shall have a definite term or an indefinite
term.
(2) In the court's sole discretion, it may consider the
option of awarding one year of alimony for every three years
of marriage prior to final separation. This provision shall
not be considered a guideline for all cases.
(e) Factors for duration of alimony.--In determining the
duration of a definite or an indefinite award of alimony, the
court shall consider all relevant factors, including the
following:
(1) The age and physical, mental and emotional condition
of each party.
(2) The benefits received by or available to each party,
including, but not limited to, medical, retirement, insurance
or other benefits.
(3) The contribution by one party to the education,
training or increased earning capacity of the other party.
(4) The extent to which a party's earning capacity,
expenses or financial obligations were or will be affected
because the party served or will serve as the custodian of a
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minor child.
(5) The relative education of the parties and the time
necessary to acquire sufficient education or training to
enable the petitioner to enhance the petitioner's earning
capacity.
(6) The reasonable liabilities each party, including the
duration of any debt service on those liabilities.
(7) The marital misconduct of either of the parties
during the marriage and prior to the date of final
separation, but the court shall consider the abuse of one
party by the other party even after the date of final
separation. As used in this paragraph, "abuse" shall have the
meaning given to it under section 6102(a) (relating to
definitions).
(8) The extent to which income and assets have already
been taken into account in determining an award of equitable
distribution, child support, counsel fees or otherwise.
(9) Where appropriate, the date when either of the
parties might reasonably retire from employment.
(10) The amount and duration of spousal support or
alimony pendente lite paid by the obligor, including payments
unallocated between spouse and child, whether voluntary or
pursuant to a court order.
(f) Indefinite term of alimony.--
(1) The court shall consider an indefinite term of
alimony when the obligee:
(i) is the primary custodian or caretaker of and is
providing care for an unemancipated child of the parties,
if the child suffers from a serious physical or mental
disability; and
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(ii) lacks sufficient income or earning capacity and
separate and marital property to pay reasonable living
expenses, including the cost of medical treatment for the
child.
(2) Paragraph (1) is not intended to preclude a court
from making an award of alimony that has an indefinite term
in the appropriate case under the factors enumerated in
subsection (e).
(3) For an award of alimony that has an indefinite term,
the court may modify or terminate the award upon a material
change in circumstances of either party of a substantial and
continuing nature.
(g) Compensatory and reimbursement alimony.--Regardless of
whether an award of alimony has been made under the provisions
of subsection (a), where the marital assets are insufficient to
effect economic justice, a court may award either compensatory
alimony or reimbursement alimony, or both.
(h) Statement of reasons.--In an award made under this
section, the court shall set forth the reasons for its denial or
award of alimony and the amount and duration thereof with
specific reference to the relevant factors and circumstances
under subsections (b) and (e).
(i) Modification.--
(1) Except as provided under paragraph (2), an award
entered pursuant to this section is subject to further order
of the court upon a material change in circumstances of
either party of a substantial and continuing nature whereupon
the award may be modified, suspended or reinstituted or a new
award made. Unless the court orders otherwise, any further
award shall apply to payments accruing effective on the date
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of filing of the petition for the requested relief. An award
that has an indefinite term may be modified to set a definite
term.
(2) The court may not grant a petition to modify the
duration of an alimony award that has a definite term.
(j) Termination.--
(1) Except as provided under paragraph (2) and unless
otherwise indicated in an agreement between the parties, an
award of alimony shall terminate when any of the following
has occurred:
(i) The obligee has remarried.
(ii) The obligee has entered into cohabitation.
(iii) The death of the obligee.
(iv) The death of the obligor, unless otherwise
indicated in the prior order of court.
(2) An award of compensatory alimony or reimbursement
alimony under subsection (g) does not terminate upon the
remarriage or cohabitation of the obligee but may terminate
upon the death of either party.
(3) Except as provided under paragraph (2), if an
obligor has paid alimony to an obligee after an alimony
termination event under paragraph (1), the court may order
the obligee to reimburse the obligor the amount of the
alimony paid after the alimony termination event.
(k) Status of agreement to pay alimony.--Whenever the
parties enter a written agreement for the payment of alimony,
the agreement shall constitute an order of the court for
enforcement purposes only. Absent a specific provision to the
contrary, an agreement for the payment of alimony is not subject
to modification.
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Section 3. Section 3703 of Title 23 is amended to read:
§ 3703. Enforcement of arrearages.
If at any time a party is in arrears in the payment of
alimony or alimony pendente lite as provided for in sections
[3701] 3701.2 (relating to alimony) and 3702 (relating to
alimony pendente lite, counsel fees and expenses), the court
may, after hearing, in order to effect payment of the
arrearages:
(1) Enter judgment.
(2) Authorize the taking and seizure of the goods and
chattels and the collection of the rents and profits of the
real estate of the party.
(3) Attach no more than 50% of the wages of the party.
(4) Award interest on unpaid installments.
(5) Require security to insure future payments.
(6) Issue attachment proceedings, directed to the
sheriff or other proper officer of the county, directing that
the person named as having failed to comply with the court
order be brought before the court at such time as the court
may direct. If the court finds, after hearing, that the named
person willfully failed to comply with the court order, it
may declare the person in civil contempt of court and in its
discretion make an appropriate order, including, but not
limited to, commitment of the person to prison for a period
not to exceed six months.
(7) Award counsel fees and costs.
Section 4. Sections 3706 and 3707 of Title 23 are repealed:
[§ 3706. Bar to alimony.
No petitioner is entitled to receive an award of alimony
where the petitioner, subsequent to the divorce pursuant to
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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.
§ 3707. Effect of death of either party.
Upon the death of the payee party, the right to receive
alimony pursuant to this chapter shall cease. Upon the death of
the payor party, the obligation to pay alimony shall cease
unless otherwise indicated in an agreement between the parties
or an order of court.]
Section 5. This act shall apply as follows:
(1) Subject to paragraphs (2) and (3), the amendment,
addition or repeal of 23 Pa.C.S. §§ 3701, 3701.1, 3701.2,
3703, 3706 and 3707 shall apply to:
(i) Any petition for alimony filed on or after the
effective date of this section.
(ii) Any petition for modification or termination of
an alimony award filed on or after the effective date of
this section.
(iii) Any case pending on the effective date of this
section.
(2) The definition of "cohabitation" in 23 Pa.C.S. §
3701.1 shall apply to awards of alimony entered into on or
after the effective date of this section.
(3) Former 23 Pa.C.S. § 3706 shall apply to awards of
alimony entered into before the effective date of this
section.
Section 6. This act shall take effect in 60 days.
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