Spousal Support
Spousal support and Alimony Pendente Lite are both temporary support payments made during the separation period of spouses, before a divorce has been finalized.
One major difference between the two is Spousal Support can be ordered to an estranged spouse prior to the filing of a divorce action if the parties are separated. Alimony Pendent Lite occurs only after a divorce complaint has been filed.
Most spousal support is ordered for a specific length of time. Once ordered, it can be modified only upon a showing of a “change in circumstances.”
A court can also order that one spouse pay the legal fees of the other spouse.
A spousal support claim may be defeated by an entitlement defence. An entitlement defence may exist if the party seeking the support has committed an act which would be valid grounds for a divorce (i.e. adultery, bigamy, abuse, etc).
Pennsylvania uses mandatory guidelines to calculate support. Both Spousal Support and APL are calculated in the same way. The support is 40% of the difference between the payor’s net monthly income and the recipient’s net monthly income, if there are no minor children. If there are minor children, then the income differential is reduced by the amount of the child support, and the result is multiplied by 30%. In general, the support award is added to the child support award into an unallocated support order. The payment is taxable to the recipient and a deduction for the payor.
Pennsylvania guidelines are reviewed and revised every four years through the Domestic Relations Rules Committee.
If you need a knowledgeable and experienced spousal support attorney, contact us today for your free consultation.
Alimony Pendente Lite (APL)
Alimony Pendente Lite is a court ordered support payment after a divorce has been commenced.
There is virtually no defense to a claim for alimony pendente lite. A party otherwise not entitled to spousal support may be entitled to alimony pendente lite once the divorce action is filed. There is no entitlement defense as in Spousal Support. In fact, the Pennsylvania Superior Court in Childress v. Bogosian (January 10, 2011) noted that “APL may not be denied on the basis that a spouse is cohabitating with another.”
Both Spousal Support and APL are calculated in the same way. The support is 40% of the difference between the payor’s net monthly income and the recipient’s net monthly income, if there are no minor children. If there are minor children, then the income differential is reduced by the amount of the child support, and the result is multiplied by 30%. In general, the support award is added to the child support award into an unallocated support order. The payment is taxable to the recipient and a deduction for the payor.
If you need an attorney with knowledge and experience dealing with Alimony Pendente Lite, contact us today for your free consultation.