The question with respect to the modification of alimony comes up frequently in divorce cases. The answer whether alimony is modifiable depends on the facts of the case. In the recent case of Egan v. Egan the Superior Court of Pennsylvania held that the parties’ stipulation was not modifiable pursuant to 23 Pa. C.S.A. 3105(c) in the absence of a specific provision allowing for modification. Conversely, 23 Pa. C.S.A. 3701(e) states that a Court Order for alimony is modifiable upon change of circumstances. A change in circumstances typically involves a two part analysis. The Court will look at things like an increase in the dependent spouse’s income or a decrease in the payor’s income. Secondly, the courts will review the dependent spouse’s financial circumstances to determine if a decrease in alimony would hurt that spouse’s ability to support himself or herself. Once an analysis of this nature is complete, the court will render a decision.
At the Mulligan Law Firm, our Pennsylvania alimony modification attorneys have over 30 years of experience handling all types of family law matters.