Common Divorce Questions: What are the Differences between Alimony, Spousal Support, and APL?
By Attorney Anna L. Knych
Support payments bind two parties together long after a relationship is over by imposing a continuing monthly obligation on one person. Often we talk about support in the context of child support, but spouses also owe a duty of support to one another. In Pennsylvania there are three types of support that can be paid between spouses or former spouses: alimony, spousal support, and alimony pendente lite (APL). All forms of support are gender neutral and women are increasingly finding that they are responsible for support payments to their husband or ex-husband.
The three types of support are differentiated by when and why they are being paid. Alimony occurs only afterthe parties are divorced and spousal support and APL occur only during the marriage. Spousal support is a statutory obligation which can arise at any time after the marriage, although it is not typically paid while the parties are residing together. APL is specifically for the purpose of assisting a financially less stable spouse with the costs of litigation in a divorce and only occurs after a divorce complaint has been filed. Spousal support is distinct from APL and alimony in that there are some defenses that can be raised which would disqualify someone from receiving support. The defenses are based on fault grounds for divorce and include desertion, adultery, cruel and barbarous treatment, and indignities.
The amount of spousal support and APL is determined using a formula based on the difference between the parties’ income. Alimony is not restricted in amount or length, is not guaranteed, and is not calculated using any formula. Instead, whether, for how long, and how much alimony is to be paid is determined using 17 factors which include the length of the marriage, the relative needs of the parties, and the sources of income of both parties. “Marital misconduct” of either party is also a factor, but it is not determinative.
If you are going through a separation or divorce, you should have the situation reviewed by an experienced family law attorney. Walters & Galloway, PLLC has extensive experience representing parties involved in family law cases. Our attorneys would be happy to discuss whether spousal support, APL, or alimony would be appropriate in your case. Support can be an integral part of your divorce or separation and can make it possible for both parties to maintain their own residence.
