In Pennsylvania, alimony is considered a secondary means of just distribution. Maintenance can either be agreed between the parties or ordered by a court. When alimony is ordered by a court, the award of alimony may be varied, suspended or terminated according to the changed circumstances of the parties. However, where there is maintenance under an agreement between the parties, the terms of the agreement will govern the maintenance and maintenance may not be changed or suspended or terminated unless the agreement so provides.
The Recent Case of Rosiecki vs. Rosiecki _____, A.3d _____, 2020 PA Super. 92 (Pa. Super. 2020), addresses the issue of changing maintenance in an agreement. The question of modifying alimony is interesting because of the vast difference in the treatment of alimony arising out of an agreement as opposed to a court order. However, alimony payments arising out of an agreement are nothing more than a contractual clause in which traditional contractual principles apply. When alimony is awarded by a court, the result is a court order rather than an agreement between the parties, and court orders are subject to change.
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