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Spousal Support/APL/Alimony
In Pennsylvania, upon spouses physically separating, a spouse can request support without first filing for divorce. In a situation where a spouse requests support without filing for divorce, that spouse is requesting what is called “spousal support”. Spousal support (like child support) is based upon the net monthly income of both spouses. The “net monthly income” of a spouse is based either on that person’s actual income or earning capacity. Some circumstances where the earning capacity of a spouse is used as opposed to their actual income are when a spouse is underemployed based upon their background, when a spouse voluntarily reduces their income and when a spouse is working part time when they can physically work full time (regardless of whether their job offers full time). Upon determining each spouse’s net monthly income, whether by actual incomes or earning capacities, if one spouse makes more than the other, the spouse who makes less will generally receive spousal support. However, if the spouse requesting spousal support has engaged in marital misconduct and it is proved, that spouse will not receive spousal support.
If a spouse receives spousal support, that support will continue until a divorce action is initiated by the filing of a divorce complaint by either party. Upon a divorce complaint being filed, the spousal support being received automatically transfers to a temporary form of alimony called “Alimony Pendente Lite” or “APL” as it is often called. APL and spousal support are identical in nature but for the issue of marital misconduct. If a spouse has engaged in marital misconduct, the misconduct does not prevent that spouse from receiving APL. Once a spouse receives APL, the APL continues until the divorce action is complete, meaning all asset/debt issues are resolved and the court enters a final divorce decree.
Upon a divorce being complete, the APL a spouse receives terminates. If that spouse wants further support from their counterpart, it has to be in the form of regular “alimony”. Regular alimony is support after a divorce is completed and can vary in time from one day to lifetime. Whether a spouse receives “alimony” is based on multiple factors and thus not just on the net incomes/earning capacities of the parties. Some of the factors that determine if a spouse receives alimony are: length of marriage, contribution to marriage, marital misconduct, incomes of both spouses, future earning capacities of both spouses, standard of living the parties have grown accustomed to during the marriage and what each spouse receives from the marital estate.
For a detailed explanation of your spousal support, APL and alimony rights, options and possible consequences, please contact our office at 412-374-1424 for a free initial consultation.
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Did You Know?
There are two kinds of custody at issue in a custody action: “legal custody” and “physical custody”.
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