In Pennsylvania, alimony is considered a secondary remedy to equitable distribution. Alimony can either be agreed upon by the parties or ordered by a court. If alimony is ordered by a court, the alimony award is subject to modification, suspension or termination, upon the changed circumstances of the parties. However, when alimony exists pursuant to an agreement between the parties, the language of the agreement controls the alimony and the alimony is only modifiable or subject to suspension or termination if the agreement so provides.

The recent case of Rosiecki v. Rosiecki _____, A.3d _____, 2020 PA Super. 92 (Pa. Super. 2020), addresses the issue of modification of alimony in an agreement. The issue of the modification of alimony is interesting because of the major difference in treatment between alimony arising from an agreement as opposed to a court order. However, alimony arising out of an agreement is nothing more than a term of a contract where traditional contract principles govern. When alimony is awarded by a court, the result is a court order, instead of an agreement between the parties, and court orders are modifiable.