Divorce is an all too common occurrence. Apart from the emotional turmoil, there are other real-life consequences. Spousal support is one of them. Let's examine spousal support in PA.
What is Spousal Support?
If you're facing a divorce, you might have heard three legal terms relating to spousal payments. There's spousal support, alimony, and alimony pendente lite. Moreover, you might even think they all refer to the same thing: a payment to or from your spouse during divorce. And in one sense, you'd be right.
However, they are distinctly different terms, and it pays to know the difference. It's essential to note that Pennsylvania doesn't discriminate based on gender. Pennsylvania divorce court is a court of equity, which means that the judges have a lot of discretion when making decisions regarding spousal support and alimony.
You should talk with a spousal support attorney if you're considering divorce. Call our law offices in Norristown, Wayne, and Doylestown, PA.
Spousal Support
This payment happens during separation and before starting a divorce proceeding. Pennsylvania defines payment as providing "care, maintenance, and financial assistance" for a party during separation.
As a result, the spouse with a lower income may request support for living expenses during separation. The key determinant is that this happens during separation and before the actual divorce process.
It is important to note that someone who would otherwise be entitled to spousal support may be denied those payments if the paying spouse successfully presents an “Entitlement Defense.” This means that a court can deny spousal support payments if the party asking for support commits marital misconduct, engages in indignities, or does not demonstrate a need for support.
Spousal support in PA ends when one spouse files for divorce, but will convert to Alimony Pendente Lite.
Alimony Pendente Lite (“APL”)
This payment happens after filing a divorce complaint. Unlike spousal support, alimony pendente lite, or “APL”, is meant to assist the financially dependent spouse with the legal costs of the divorce proceedings.
A spouse cannot receive spousal support and APL at the same time. There are no "Entitlement Defenses" with APL.
Alimony
After a divorce is finalized, you may either receive or pay alimony. So, alimony represents the financial obligations from one spouse to another after a court issues a divorce decree.
Courts determine alimony in Pennsylvania by analyzing 17 factors, including those presented in 23 Pa.C.S. Section 3701(b).
Alimony is not guaranteed.
Calculating Spousal Support in Pennsylvania
Pennsylvania spousal support guidelines typically require the higher-earning spouse to pay approximately 40% of the net income difference. You should be aware that courts have a certain level of discretion to deviate from the guidelines, and that any online spousal support calculators should not be relied on for financial planning.
For example, if the parties have children, the spouse with the higher earning capacity might pay less in spousal support if they have an additional child support obligation. Courts also may adjust these basic calculations to account for insurance coverage, medical expenses, duration of the marriage, etc. In addition, there are protections for low-income parties and alternate analyses for very high incomes.
How Long is Alimony in PA?
As mentioned, the duration of APL and spousal support in PA may vary depending on the separation time and divorce filing. If granted, alimony can last for a definite or indefinite time. Courts also grant permanent alimony in some rare instances. PA alimony laws use a barometer reflecting "reasonable under the circumstances" when determining alimony payments.
Often, the type of alimony helps set the tone for the duration it will be paid. Pennsylvania recognizes three types of alimony:
Rehabilitative Alimony: This presents temporary financial support for a fixed time to become self-supporting. Generally, it gives the spouse seeking alimony the time to complete school or training, or to get back on their feet after a divorce.
Permanent Alimony: In very rare cases, the receiving spouse may receive payment throughout their lifetime. The alimony usually ends if the receiving spouse remarries or cohabitates with another partner.
Equitable Reimbursement: Equitable Reimbursement is sometimes considered Alimony. Picture this: You supported your spouse through law school. Now, they're practicing law and filing for divorce. A court may allow Equitable Reimbursement payments based on the expenses incurred while your spouse was in school.
Can You Modify Alimony Payments?
A judge might modify an alimony order if you don't have a written agreement or court order forbidding modifications to alimony. Circumstances justifying a payment change can relate to substantial income changes, illness, or job loss. Always ask your divorce lawyer about the pros and cons of modifiable alimony.
If your alimony is modifiable, you must file a Petition to Modify Alimony Order and attend a hearing to decide the matter. It's best to consult a spousal support lawyer to assist with the process.
One other option for modifying your payment is through mediation. If a couple can agree to change the alimony payment, they can submit it to the court.
Need Legal Help with Spousal Support in PA?
If you still have questions after reviewing our PA spousal support guide, call our law firm to talk with a family lawyer. We have offices in Montgomery County, Bucks County, and Delaware County, PA. Our experienced attorneys can help you with spousal support, divorce, and child custody concerns.