Marriage dissolution is often accompanied by concerns about financial stability, especially when one spouse has traditionally relied on the other for economic support. To address these concerns, Pennsylvania law provides two important forms of pre-divorce financial assistance: spousal support and alimony pendente lite. These mechanisms exist to ensure that neither spouse is left destitute or unfairly disadvantaged while the process of legal separation and divorce is underway. 

Spousal support is a temporary financial award that one spouse may receive from the other after separation but before any divorce action has been formally initiated. To qualify, the parties must be living separately. The primary purpose of spousal support is to prevent economic hardship during the period of separation.

The process to obtain spousal support begins with filing a petition in the local Domestic Relations Office. The amount of support is determined according to statewide guidelines, which consider the incomes of both parties and any child support obligations. Under 23 Pa.C.S. § 3701, the court has broad discretion to order support in an amount, duration and manner it deems necessary, relying on fairness and the financial circumstances of both parties.

The spouse seeking support must establish that the parties are indeed separated and that there is a financial disparity warranting temporary relief. However, the spouse from whom support is sought can raise the defense of "entitlement," arguing that the requesting spouse is not entitled to support due to marital misconduct, such as infidelity. If this is established, the court may deny spousal support.

Once a divorce complaint has been filed, a spouse may prove entitlement for alimony pendente lite (APL), which means “alimony pending litigation.” APL is distinct from spousal support. It is designed solely to ensure that both parties have the means to pursue or defend against divorce proceedings on an even footing. Unlike spousal support, there is no entitlement defense.

A spouse seeking APL must file a request with the court after the divorce action is underway. The calculation method is similar to that of spousal support, relying on the incomes of both parties. The applicant must show a need for financial support to afford the costs associated with litigation until a final divorce decree is entered. The right to APL is considered almost automatic if there is proven financial dependence and a pending divorce action.

Both forms of support can significantly impact the lives of divorcing spouses. A Pennsylvania attorney skilled in alimony law can advocate for the correct calculation of support, rebut entitlement defenses, ensure procedural requirements are met and safeguard the client’s financial stability during this turbulent period. 

Chan & Associates in Lancaster advises clients throughout south central Pennsylvania on a wide array of issues relating to alimony law. For a consultation with an experienced family law attorney, please call 717-869-0015 or contact me online.