How Spousal Support And Alimony Are Determined
During your marriage, you and your spouse have supported one household on a certain income. Now you will need to support two. In many situations, this puts significant financial strain on one or both spouses. Pennsylvania’s spousal support and alimony laws are designed to alleviate this strain as fairly as possible.
Whether you are seeking or opposing an award of alimony, you need a skilled lawyer who will be a strong advocate on your behalf. I am attorney Michael E. Eisenberg. Backed by more than 30 years of legal experience, I will counsel you on your rights and options and work tirelessly to help you achieve your goals.
To schedule a free confidential consultation with an experienced Montgomery County, PA, spousal support attorney, please contact me at 267-728-4535 or 800-851-2534. Located in Hatboro, Pennsylvania, my law office serves clients throughout the Philadelphia metropolitan area.
Spousal support is available to a financially dependent or lower-earning spouse after a separation, but before a divorce complaint has been filed. Calculation of spousal support is determined by several factors, one of which is whether child support is being paid.
The earning capacity of the spouse may be considered, as well as whether the spouse who departed the residence left for compelling and necessary reasons. Spousal support is generally not awarded if the spouses are living in the same house and the bills are generally being paid, but there are exceptions to this rule.
Alimony Pendente Lite
Alimony pendente lite (APL) is alimony paid by the higher-earning spouse after a divorce complaint is filed, but before the decree is finalized. As with spousal support, APL is generally not paid while spouses are living together, even if they are separated in the same home.
Alimony is a sum paid by one spouse to the other after the divorce decree or order has been entered. Alimony can be temporary or permanent. The amount awarded depends largely on the overall division of property and the respective income and needs of the spouses.
If alimony is imposed by a court, then it is generally modifiable. If alimony is paid pursuant to a prenuptial or postnuptial agreement or a marital settlement agreement, then it is generally not modifiable unless the contract contains specific language allowing such changes.