Pittsburgh Alimony Lawyers

Skilled Alimony & Spousal Support Attorneys

Alimony, spousal support and alimony pendente lite (APL) are three similar but separate concepts in Pennsylvania. Unlike other jurisdictions, Pennsylvania does not consider alimony and spousal support interchangeable terms; alimony refers to post-divorce periodic payments, while spousal support refers to payment made during the separation period prior to the conclusion of divorce litigation. Pollock Begg’s knowledgeable Pittsburgh family law attorneys can help you understand the differences between these concepts to find the best solution for your family and financial future.

What Is Alimony?

Alimony is a monthly payment made after a divorce is final to help former spouses meet their expenses. It is a secondary remedy to equitable distribution and is not guaranteed to be awarded in every divorce filed under Pennsylvania law. Spouses who do not have sufficient income or property to support themselves may turn to alimony to pay reasonable living expenses, finance a college education or vocational training or afford special needs.

Why Do Pennsylvania Courts Grant Alimony?

If a spouse has a reasonable need for alimony, alimony can serve one or more purposes:

• Provide a stable income to a dependent spouse who is unemployable due to advanced age, disability, or lack of education and work experience.
• Enable a dependent spouse whose education or career was disrupted by the marriage to return to school or retrench into a career.
• Compensate a dependent spouse who supported the family while the other spouse earned a professional degree or built a successful family business.

Still, Pennsylvania has resisted efforts to make alimony automatic in each case, and the law refers to alimony as a “secondary remedy,” when the division of marital property does not provide sufficient economic resources to enable a dependent spouse to achieve self-sufficiency through appropriate employment.

What Is Spousal Support and How Does it Differ from APL?

Spousal support refers to payments made when spouses are separated. Spousal support may be awarded to an estranged spouse before a divorce action is initiated, unlike APL, which may only be awarded after a divorce action is initiated.

While there are virtually no defenses to an APL claim, spousal support claims may be defeated by an entitlement defense, which may exist if the plaintiff has committed fault grounds for divorce, such as infidelity, abandonment or cruelty. Thus, a spouse who has committed adultery may not be entitled to receive spousal support upon separation but can receive APL once a divorce action is filed.

How Does the State Calculate Spousal Support and APL?

Spousal support and APL are calculated in the same way, as laid out in Section 1910.16 of the Pennsylvania support guidelines. If there are no children, we take 33% of the payor’s net income minus 40% of the recipient’s net income. If there are dependent children, the spousal support or APL is 25% of the payor’s net income minus 30% of the recipient’s net income.

If the parties’ combined monthly net income exceeds $30,000, the above formula is only preliminary and both parties must submit budgets to the Court or Master before a final determination is made.

On the other hand, there are no specific guidelines to determine the amount of alimony awarded under Pennsylvania law. Instead, the Pennsylvania Legislature has published a list of 17 subjective criteria the courts must consider. Of foremost significance are the dependent spouse’s reasonable needs, income and earning capacity. The court must consider both parties’ assets, including marital property received in equitable distribution. Even when a dependent spouse receives the lion’s share of marital property, the court may award alimony to provide sufficient income to meet reasonable needs. The needs of the custodial children also must be considered.

Weighing these factors and presenting compelling evidence during court proceedings or settlement negotiations is an important part of a Pennsylvania divorce proceeding. Trained to understand the law and nuances of alimony claims, Pollock Begg attorneys develop litigation strategies to meet each client’s goals.

Contact our office today at 412.471.9000 discuss your situation with an experienced Pittsburgh alimony attorney and find a solution that best fits your needs and protects your future.