The terms ‘spousal support’, ‘alimony’, and ‘alimony pendente lite’ are often used interchangeably in conversation, but they have legal differences which can affect your financial future following the end of a marriage. Each term is a different type of financial assistance that may be awarded following separation, but the amount and timing of the awards are different.
What Is Spousal Support?
Spousal support is financial assistance that one spouse provides to the other following separation, but before the divorce is finalized. Spousal support may be awarded even if a divorce is not filed, as long as the couple is living separately, or in limited cases where the parties are residing together but finances are separated. The amount of spousal support is set by law and is based on the incomes, or earning capacity, of both parties. The higher earning spouse can raise defenses to spousal support and have the case dismissed under certain circumstances.
What is Alimony Pendente Lite in Pennsylvania?
Alimony Pendente Lite (APL) is a temporary form of spousal support that is awarded during the pendency of a divorce—meaning, after the divorce has been filed, but before all litigation involving the divorce has been completed. The purpose of APL is to provide financial assistance to the spouse who needs it to maintain a reasonable standard of living during the divorce proceedings. The amount of APL is the same as the amount of spousal support, but the purpose of APL is needs-based. The key difference from Spousal Support is that the defenses available for spousal support are not available for APL. If you have been denied spousal support, you may still be able to receive APL. You cannot receive both spousal support and APL at the same time.
What Is Alimony?
Alimony is financial support paid by one spouse to the other after the divorce has been finalized. Unlike spousal support or APL, the specific amount alimony is not set by law, and can vary in term, and amount on a case by case basis. There is a wide range of possible outcomes from no alimony award to permanent alimony. Parties frequently negotiate the rate and term of alimony, however, if a court has to make a determination of whether to make an award of alimony, the court must consider 17 different factors.
(1) The relative earnings and earning capacities of the parties.
(2) The ages and the physical, mental and emotional conditions of the parties.
(3) The sources of income of both parties, including, but not limited to, medical, retirement, insurance or other benefits.
(4) The expectancies and inheritances of the parties.
(5) The duration of the marriage.
(6) The contribution by one party to the education, training or increased earning power of the other party.
(7) 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.
(8) The standard of living of the parties established during the marriage.
(9) 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.
(10) The relative assets and liabilities of the parties.
(11) The property brought to the marriage by either party.
(12) The contribution of a spouse as homemaker.
(13) The relative needs of the parties.
(14) The marital misconduct of either of the parties during the marriage. The marital misconduct of 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. As used in this paragraph, “abuse” shall have the meaning given to it under section 6102 (relating to definitions)
(15) The Federal, State and local tax ramifications of the alimony award.
(16) Whether the party seeking alimony lacks sufficient property, including, but not limited to, property distributed under Chapter 35 (relating to property rights), to provide for the party’s reasonable needs.
(17) Whether the party seeking alimony is incapable of self-support through appropriate employment.
Conclusion
While spousal support, APL, and alimony all provide financial assistance to a spouse following separation, they serve different purposes and occur at different stages of the divorce process. If you’re considering divorce or are currently going through the process, it’s important to work with a family law attorney who can help you understand your rights and obligations regarding spousal support, APL, or alimony. An attorney can help you negotiate fair terms or, if necessary, represent you in court.
If you have any questions about spousal support or alimony in Pennsylvania, don’t hesitate to contact our office for a consultation.
We’re here to help guide you through this challenging process.
For more blogs and articles, visit our website.
