Author: Amanda Atkinson

Alimony Isn’t as Rare as You Think

Alimony isn’t as rare as you think. Growing up, when I heard the word “Alimony”, I thought of all the celebrity divorces that made headlines. Movies and TV shows always made it seem that alimony was only an option when there was a substantial amount of money in the marital estate. I always believed that if both parties in a divorce could or did work for a living, that alimony would not be an option. I held this belief up until law school. Even when I took my first Family Law class, and I was told Alimony was rarely granted and there had to be good reason for it.

It wasn’t until I started working in Family law that I realized this was not true. Alimony is an option for a lot of situations regardless of wealth level. Alimony, also known as maintenance or spousal support, is court ordered financial support that can be awarded in the divorce process. There are a few different types of Alimony, and the type is awarded based on the timing and need for the award. After a divorce complaint has been filed, a Court can award Alimony Pendente Lite (APL), which is temporary alimony awarded with the intent of helping the financially dependent spouse litigate the divorce. Spousal support can be awarded after parties separate but before a divorce is finalized to help the financially dependent spouse with living costs that they may not be able to shoulder themselves upon separating. Long term Alimony is a permanent or specified term of financial support that is awarded when the divorce is final. Courts consider a lot of factors when determining financial support for the dependent spouse, including the income difference and earning capacity between spouses, cost of living, need for support, and more!

Many people stay in unhappy relationships because they are worried about the financial strain of separation and litigating a divorce. If you’re like I was and think alimony is more of a myth than a real tool to help financially-dependent spouses, you may have more options than you think. Often, a family law attorney can advise you if you are a candidate for receiving support and help determine estimates of what a court may order. At the Law Offices of Jennifer J. Riley, we are proud to help our clients make informed decisions and pursue all support options that can help them through these difficult life transitions. Alimony isn’t as rare as you think.

Alimony isn't as rare as you think.

New Pennsylvania Law: PFA Orders for Pets

by Amanda M. Atkinson, Esq.

A PFA for your Pet? Protection from Abuse Orders will now include companion animals.

House Bill 1210 (HB 1210) was signed into Pennsylvania law on November 18, 2024. The amendment is an attempt to address the link between domestic violence and animal abuse by providing additional relief for survivors and their pets. The act implements two important changes to Title 23 (Domestic Relations) of Pennsylvania Consolidated statutes. First, it expands Protection from Abuse Orders to include protection for companion animals. Second, it allows the protected party to be granted temporary ownership of the companion animal.

In Pennsylvania, a Protection from Abuse (PFA) Order is a court order designed to protect victims of domestic violence from abuse by a family member, household member, intimate partner, or someone with whom they share a child. It can prohibit the abuser from contacting or approaching the victim, and may also include temporary custody arrangements or exclusive possession of a shared residence.

Because domestic abusers often abuse or threaten to abuse pets, many survivors hesitate or feel they cannot escape the situation as they worry for the animal’s safety. Prior to HB 1210, Pennsylvania’s Protection from Abuse statute only listed plaintiffs or minor children as parties to be protected by Protection from Abuse Orders. While the statute includes “persons who have a significant relationship with the victim” in the definition of abuse victims, animals have never been included.[1] The amendment now will allow Protection from Abuse orders to protect “the plaintiff [or], minor children or companion animal”.[2] The inclusion of companion animals will direct perpetrators of violence to refrain from harming not only the plaintiff, but any companion animal listed in the protection order.

Not only does the order include language that demands the abuser not harm the pet, it also can grant the Survivor temporary ownership rights of the companion animal. Survivors will be able to take and advocate for the companion animal without worry of the abuser trying to reclaim the companion animal. The act specifically directs abusers “ to refrain from possessing, contacting, attempting to contact, transferring or relocating the companion animal or contacting or entering the property of any person sheltering the companion animal.”[3]

The implementation of this act may allow domestic violence survivors to feel safer leaving or reporting their abuser knowing that their pet can be provided protection too.

While this act is intended to support domestic abuse survivors, it also impacts family law. Though many of us consider pets to be members of the family, Pennsylvania law considers them personal property.[4] As a result, this can complicate domestic violence situations if the abuser can argue ownership of the pet or if pets must be divided as property during divorce proceedings. In a divorce, property is usually split equitably between parties in a process called Equitable Distribution where courts will determine who retains what marital property if the parties cannot come to an agreement. Courts make these determinations by considering factors such as each parties’ economic circumstance, length of the marriage, and the value of the property.

HB 1210 shifts the treatment of pets from property to a more custody-like consideration. Courts can consider evidence of abuse or threats towards pets in determining which party should retain the animal after the divorce. If a survivor is considering or preparing for a divorce action, planning for their pet’s safety as well is crucial. It is important to work with experienced family law attorneys who can help survivors navigate the inclusion of their pets in divorce proceedings.  While the act does not go into effect until January 17, 2025, it is likely that moving forward the recognition of emotional bonds between parties and pets will be a stronger factor in property and divorce proceedings.

[1] 23 Pa. C.S. § 6102

[2] HB 1210, 2024 Gen. Assemb., Reg. Sess. (Pa. 2024).

[3] Id.

[4] 3 Pa. Stat. § 459-601