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                        |  | Alimony / APL
Spousal support is the money payable to one party prior to filing the divorce complaint. It is based on a percentage of the difference in monthly incomes after taxes. The earning capacity of a party can also be used to determine the amount of spousal support. In Pennsylvania, if the party receiving support has committed one of the grounds for fault, they are usually not entitled to spousal support. There is no set duration for payment of spousal support; however upon filing for divorce, spousal support is usually converted into APL payments. Alimony Pendente Lite, or APL is the payment awarded to one party after a divorce complaint has been filed. Similar to spousal support, the amount awarded to a party is also based on a percentage of the difference in monthly incomes after taxes have been removed, minus other support obligations. However, unlike spousal support, the purpose of APL is to ensure that both parties may be financially able to proceed in obtaining a divorce. For this reason, grounds for a fault-based divorce do not usually effect APL payments. While there is no set limit on the duration of APL payments, they will normally last until the Divorce Decree has been issued and all matters pertaining to equitable distribution have been settled, which can be up to two years or more. In Pennsylvania, support that is granted after the divorce and equitable distribution are finalized is called alimony. Alimony is awarded to a spouse who is not able to meet their reasonable needs in accordance with their standard of living during the marriage and/or other factors. The outcome of equitable distribution is taken into account when awarding alimony payments to a spouse as well. The duration of alimony payments is set by the Court and can vary from payments meant to allow a party to have the time to make arrangements to provide adequately for themselves or for the entire lifetime of the party. In addition, alimony payments may be set up to continue only until a specific condition is met. Pennsylvania has a separate type of alimony, called reimbursement alimony, which is awarded to a spouse who paid for expenses incurred by the other. Examples of this include payment of educational or medical expenses of the other party. This is also awarded in situations in which one party supported the family while the other pursued further education. Payments of spousal support, APL, and alimony (barring reimbursement alimony) usually end when the party receiving the payments begins residing with another person in a marriage-like setting. This is also the case if the party receiving payment remarries or dies. To learn more about spousal support, alimony pendente lite, or alimony or to schedule a FREE INITIAL CONSULTATION, please contact our office. Notaro & Associates, P.C. | |
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If one party in a divorce earns less or has a lower earning capacity than the other spouse, support payments may be awarded. In Pennsylvania there are three types of support; spousal support, alimony pendente lite (APL) and alimony. Notaro & Associates, P.C. has extensive experience with Pennsylvania support and alimony laws and is able to effectively counsel clients in this area.