Thank you for your clarification.
Understand that just because someone asks
for alimony does not mean that they are going to receive it
The Court makes a decision on alimony based on subjective, case by case factors, which are: A.The earning potential and earning capacities of the parties. B.The ages and health condition of the parties. C.The income of the parties. D.The expectancies and inheritances of the parties. E.The length of the marriage
. F.The contribution by one party to the earning capacity of the other. G.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. H.The standard of living of the parties established while married. I.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. J.The relative assets and liabilities of the parties. K.Any pre-marital property. L.The contribution of a spouse as homemaker. M.The relative needs of the parties. N. Any marital misconduct or fault O.Tax consequences P.Whether the party seeking alimony lacks sufficient property Q.Whether the party seeking alimony is incapable of self-support through appropriate employment. (Pennsylvania Consolidated Statutes - Title 23 - Sections: 3701, 3702, 3704, 3706.)
The fact that John still lives in the home which JANE IS PAYING for is incredible and frankly, the Judge may look at John and state: "Alimony is meant so that one does not have a financial collapse. Your spouse is already paying for your room and board!"
So in this case, it may be denied. It would behoove Jane to point out:
1) That she pays the mortgage but does not live in it;
2) That he does;
3) That he has enough money to pay his own utilities/costs;
4) He would not suffer a financial collapse without alimony payments; and
5) If he is making more than Jane, then this should be pointed out (and likely, would not have him eligible for alimony).
In the end, the Judge will make the decision based on the factors listed above.
I hope this helps and clarifies. Good luck.IMPORTANT
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