Spousal Support, Alimony and APL in Pennsylvania

Potter County, Mckean County, Tioga County, Cameron County

Separation of spouses significantly affects the finances of both parties. The income that previously supported one household now must support two households. Child support orders provide for the financial needs of the children, but a spousal support order is necessary to address the financial needs of the a spouse with no income or a lower earning capacity. At Ross & Ross, we handle all aspects of divorce, support and alimony. We work with our clients to establish fair spousal support agreements. Call our law office for help with spousal support, alimony, divorce or APL. We can be reached at (814) 274-8612. Your questions will be answered by an experienced Pennsylvania divorce lawyer.

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David Ross & Rebecca Ross

(814)-274-8612

Pennsylvania Support Law (McKean County, Potter County, Tioga County, Cameron County, PA)

Pennsylvania divorce and support law allows for payments to be made to a spouse upon separation, prior to the filing of a divorce complaint. This is called spousal support. Spousal support may even be awarded when the parties continue to live in the same house if one party can prove that the other is not contributing to the household expenses. Pennsylvania recognizes the defense of “entitlement” to the payment of spousal support, if the spouse receiving support has committed one of the fault-based grounds for divorce. Spousal support can continue indefinitely and is usually paid until the final divorce decree is filed. At that time, the support will either terminate or become alimony.

Alimony Pendente Lite (APL)

In Pennsylvania, support paid during the divorce is often called alimony pendente lite (APL). APL in Pennsylvania exists to permit both spouses to move on with the divorce action on even financial footing. The spouse ordered to pay alimony pendente lite cannot raise the entitlement defense at this time. This means that at this time, even if the person seeking payment has left the marriage without just cause or committed adultery, they may be entitled to alimony pendente lite APL payments.

Alimony

After the divorce decree is signed and equitable distribution is finalized, the court may order alimony payments. In Pennsylvania a court may grant alimony if a spouse cannot meet their "reasonable needs" after looking at their income and the assets they were awarded during equitable distribution. In Pennsylvania there are 17 factors that are considered when deciding if alimony should be awarded and how much.

• The relative earnings and earning capabilities of both parties

• The physical, mental, and emotional condition of the parties

• The sources of income of both parties, including but not limited to, medical, retirement, insurance, or other benefits

• The expectancies and inheritances of the parties

• The duration or length of the marriage

• The contribution by one party to the education, training, or increased earning power of the other party

• 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

• The standard of living of the parties established during the marriage

• 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

• The relative assets and liabilities of the parties

• The property brought to the marriage by either party

• The contributions of a spouse as homemaker

• The relative needs of the parties

• The marital misconduct of either of the parties during the marriage. The marital misconduct from either of the parties from the date of final separation shall not be considered by the court in its determinations relative to alimony except that the court shall consider the abuse of one party by the other party.

• The federal, state, and local tax ramifications of the alimony award

• Whether the party seeking alimony lacks sufficient property to provide for the other party's reasonable needs

• Whether the party seeking alimony is incapable of self-support through appropriate employment

How Long Do I Have to Pay Alimony or APL?

The duration of the alimony will be determined by the courts. In Pennsylvania, rehabilitative alimony may be awarded to allow a person a specific amount of time to "rehabilitate" themselves. Courts will use rehabilitative alimony when the parties were married for a long period of time and one party has significantly less earning potential and particularly if some schooling or additional training is anticipated by one party to further their career. Permanent alimony may be awarded for the rest of a person's life. Reimbursement alimony may be awarded to a spouse to compensate them for expenses they may have taken responsibility for while the other obtained an education. With the exception of reimbursement alimony, most alimony is terminated when the spouse who receives the alimony moves in with another person in a marriage-like situation, remarries, or dies.

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