Pennsylvania is unique in that the law permits judges to award two kinds of support before finalizing the divorce: spousal support and alimony pendente lite. In Pennsylvania, spousal support and alimony pendente lite (APL) are functionally interchangeable terms. This type of spousal support is applicable after the divorce is final and is generally a lower amount than APL and is typically set up for a finite period of time, e.g., $300 per month for three years. The term income casts a pretty wide net in Pennsylvania. Ann. In Pennsylvania there are many different forms of support. In Pennsylvania there are three categories of spousal support: 1) APL, 2) spousal support and 3) Alimony. One spouse may be ordered to pay this type of support to the financially dependent spouse. A claim for spousal support may be denied where the spouse seeking support has engaged in conduct that would constitute grounds for a fault-based divorce. Even if the other spouse is at fault, they still may be able to secure APL payments. Spousal support is a monetary support that is paid to the financially dependent spouse after the spouses have separated, but before the Pennsylvania Divorce Complaint is filed. Alimony and Spousal Support Harrisburg Divorce & Spousal Support Attorneys. Spousal support also has entitlement issues that may need to be addressed and a family law professional can give you guidance to your options of other forms of support such as, Alimony Pendente Lite and even post-divorce support of Alimony. More than two out of every three marriages will not survive after a spouse has been caught being unfaithful. This denial is called an “entitlement defense” and means any spouse who is abusive or has committed adultery can be denied spousal support benefits because they are not “entitled” to support. A successful entitlement defense involves establishment of fault grounds for divorce or lack of consent or good cause for the separation rendering it willful and malicious. This support is not automatic, and entitlement defense needs to be raised. If a party to a support action has undergone a reduction in income and wants to modify a Pennsylvania support order accordingly, then it is important to be able to show that the reduction was not motivated by a desire to avoid or lower support and that good faith efforts were made to secure employment at the party’s earning capacity. They … Pennsylvania Alimony. Alimony Pendente Lite (APL) In … Spousal Support & APL … In calculating a spousal support obligation, Pennsylvania has established statewide guidelines as to how support will be calculated, what will be considered in the calculation, what the spouse’s reasonable needs and expenses are, and ultimately, what the support obligation will be. 1. In Pennsylvania, three options are available in terms of support and alimony: Spousal support — Provides interim relief while a divorce or separation is pending. The support is 40% of … Spousal support can be sought when the parties are separated and potentially before a divorce matter is pending. Pittsburgh and Philadelphia Family Law … If one spouse raises an entitlement defense to Spousal Support, the spouse seeking the support may choose to either fight the entitlement defense or simply file for APL, for which there is no defense. The amended rule adjusts the parties’ monthly net incomes, upward or downward, by the spousal support/APL amount paid or received by that party prior to apportioning the expenses. The math begins with the net incomes of both spouses – what’s left over after union dues and mandatory taxes are paid or withheld. These defenses include any grounds for a fault-based divorce, such as if a spouse has committed … Learn whether an extramarital affair can impact spousal support in Pennsylvania. Three Types of Spousal Support in Pennsylvania. In calculating a spousal support obligation, Pennsylvania has established statewide guidelines as to how support will be calculated, what will be considered in the calculation, what the spouse’s reasonable needs and expenses are, and ultimately, what the support obligation will be. (13 Pa. Cons. In Pennsylvania, spousal support is the title for support paid before a divorce complaint is filed. The amount of support to be paid is determined by taking the net income of the obligor (individual required to pay support) minus the net income of the obligee (individual to whom support is owed). Alimony pendente lite (APL) — Provides interim relief while a divorce action is pending. The fault grounds under the Pennsylvania Divorce Code include: (1) willful and malicious desertion without reasonable cause for at least one year; (2) adultery; (3) cruel and barbarous treatment of […] Relevant Court Cases The Supreme Court of Canada’s (SCC) decision in Moge v Moge, [1992] 3 SCR 813 and Bracklow v Bracklow, [1999] 1 SCR 420, articulate the legal principles for resolving issues regarding entitlement to and amount of spousal support. 2021 Pennsylvania spousal support calculator. The guideline compares, in a uniform way, the earning capacity of one party in a marriage to the other. However, your spousal support claim can be denied if you have provided grounds for divorce. Pennsylvania recognizes the defense of “entitlement” to the payment of spousal support, if the spouse receiving support has committed one of the fault-based grounds for divorce. Spousal support is available only for parties who are separated but have not yet filed for divorce. Pennsylvania uses mandatory guidelines to calculate support. New 2021 Pennsylvania Maintenance Calculator. The purpose of spousal support is to help the recipient spouse achieve financial independence. The award is 40% of the difference between the … The other factor is “legal entitlement”, which is related to marital misconduct, such as adultery, desertion, incarceration, cruelty, and indignities which can be used as a defense to the payment of A.P.L. The spouse ordered to pay spousal support … This apportionment did not consider the amount of support paid by the obligor or received by the obligee. Both forms of support are based on the difference in the spouses’ incomes. Stat. One disadvantage of APL, however, is that if the receiving spouse is not working to advance the divorce action forward and therefore not “litigating” the action, the paying spouse … Judges will usually use the formula after they have established the adjusted … Pennsylvania law approaches alimony issues in a distinctive way. The relative … Entitlement, or lack thereof, is an affirmative defense to an action for spousal support. Pursuant to Pennsylvania … Pennsylvania law provides for three different types of support: spousal support, alimony pendente lite and alimony. In a divorce, there are three types of support that a spouse may be entitled to in Pennsylvania – spousal support, alimony, and alimony pendente lite. adultery, bigamy, abuse, etc). Spousal Support and Entitlement Defenses in Pennsylvania. Pittsburgh spousal support lawyers will fight for your right to a fair alimony or spousal support order. Pennsylvania has a mandatory guideline to determine spousal support (and which is sometimes used for other kinds of support) but the guideline is just a starting point. The amount of spousal support is determined using mandatory guidelines, but several factors are taken into consideration before support is granted or denied. Press PLAY to listen to this podcast. The defense must be raised in a timely fashion, or it will be deemed waived. Spousal support in PA is calculated several different ways depending on the income of the partners, and variety of different factors can affect the total amount of received by a particular party. and alimony, but not spousal support. Spousal support can continue indefinitely and is usually paid until the final divorce decree is filed. At that time, the support will either terminate or become alimony. Monetary support paid to a spouse after separation but before a divorce is filed is called spousal support. Unlike spousal support, the spouse ordered to pay APL cannot raise an entitlement defense. It includes the usual wages, … The paying spouse can raise an entitlement … Spousal Support: Applies to the period from the couple’s separation date and the date when either spouse files for divorce. Other jurisdictions call these payments “maintenance.” Two differences between spousal support and APL. We're just about the only state that uses guidelines to calculate payments for spousal support (in cases of separation prior to divorce) or alimony pendente lite (for support between the Divorce Complaint and decree). This 2021 Pennsylvania alimony calculator makes Pennsylvania alimony calculations. When examining these types of support, the spouse with a lower income is often referred to as the “dependent” spouse. Under Pennsylvania law, the term alimony always refers to post-divorce periodic payments, which many other jurisdictions call spousal support. Alimony, spousal support and alimony pendente lite are three similar but separate concepts in Pennsylvania. Spousal support is financial assistance paid by a spouse in recognition of the recipient spouse’s contribution to the marriage. Three different types of spousal support exist in Pennsylvania: spousal support, alimony pendente lite, and alimony. In Pennsylvania there are 17 factors that are considered when deciding if alimony should be awarded and how much. One disadvantage of APL, however, is that if the receiving spouse is not working to advance the divorce action forward and therefore not “litigating” the action, the paying spouse … § 3702). Second, there is no defense to a claim for APL, while spousal support claim be defended by the “entitlement” defense. Alimony Pendente Lite (APL) In Pennsylvania … The amount of spousal support to be paid is determined by a formula set forth in the Pennsylvania Rules of Civil Procedure. In South Central PA and Harrisburg, our fathers’ rights spousal support lawyers work with … By Aaron Thomas. (Allow a … An entitlement defence may exist if the party seeking the support has committed an act which would be valid grounds for a divorce (i.e. This is due in large part to the fact that they are calculated the same way. If one spouse raises an entitlement defense to Spousal Support, the spouse seeking the support may choose to either fight the entitlement defense or simply file for APL, for which there is no defense. 3. Often, these two terms for support between spouses are used interchangeably. Spousal support. An entitlement defense may exist if the plaintiff has committed fault grounds for divorce, such as infidelity, cruel and barbarous treatment, or abandonment. In Pennsylvania, “spousal support” and “APL” are almost interchangeable terms that refer to periodic payments made during the separation period and before the divorce decree is entered. This is the only type of support where an entitlement defense can be presented on the part of the defendant. Spousal Support in Pennsylvania is the amount paid to a dependent spouse to assure that person has a reasonable living allowance, or money to provide for living expenses. Allegheny County APL attorneys. Bottom line is, even if you are good at math, it is always best to consult a family law professional to help you sort out your best … Vari & Associates 412-281-9906 There are, “entitlement defenses” to spousal support – meaning that the party who would otherwise be ordered to pay spousal support will not have to pay if one of these defenses applies. Entitlement to and amount of spousal support will depend on the circumstances of each particular case. After the divorce is litigated, APL generally ends, being replaced by alimony payments as decided by the outcome of your case. If your marriage is ending due to your spouse’s affair, you may want to know whether the affair affects … There are two noteworthy differences between spousal support and APL. The financially dependent spouse is the spouse who earns less or no income. In this podcast, Pittsburgh family lawyer Kathryn Rosinski discusses the difference between the three types of support and answers some of the most common questions about each type. A spousal support claim may be defeated by an entitlement defence. The state of Pennsylvania has very defined and strict guidelines for spousal maintenance. Adultery destroys many marriages in the United States each year. When an initial spousal support claim is filed, the … Spousal support and APL are both calculated based on the Pennsylvania spousal support calculator formula established and refined by 2018 legislation. First, spousal support … The last type of spousal support in Pennsylvania is alimony, which is what most people think of when discussing this topic. Both Spousal Support and APL are calculated in the same way. A fault, which is whether the financially dependent spouse is the cause of the divorce proceedings, is a factor in deciding whether a person is eligible for spousal support. Spousal support is available to a dependent spouse after the couple separates and ends when one spouse files for divorce. Superior Court Analyzes Entitlement Defense in Spousal Support Case In Pennsylvania, when spouses separate, there are two forms of monthly payments one spouse may seek from the other. Pursuant to Pennsylvania … Unlike spousal support lawyers will fight for your right to a spouse has been caught unfaithful... The period from the couple separates and ends when one spouse may be able to secure APL payments spouses. 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