Support Topics

In general, Spousal Support is support paid to a spouse while separated but before a divorce has been filed. Alimony Pendente Lite is support paid to a spouse while a divorce is pending. Alimony is support paid to an ex-spouse after the divorce decree is entered. All three are calculated in the same manner.

If there are no children involved, spousal support/alimony pendente lite/alimony is generally calculated in Pennsylvania by multiplying the difference in net incomes between the parties by .4 (40%). If children are involved then the formula is generally (the payor’s net income - the payee’s net income - child support) x .3 (30%). The amount of support, however, can be greatly affected by other relevant expenses, the custody situation, and other pertinent factors.

There is no general answer to this question. It depends on a lot of factors, including the length of the marriage, the relative health and ages of the parties, and the disparity in incomes between the parties.

In general, yes. While fault is technically a factor in awarding alimony, courts rarely take it into serious consideration. Fault can also be a defense to spousal support; however it is not a defense to alimony pendente lite and, therefore, is not of much use since a divorce complaint can be easily filed. Fault may also be relevant if it exceeds your run-of-mill type of fault. For example, if the fault involves abuse or serious criminal behavior then it might be relevant.

In general, the person with more than 50% of the physical custody time (overnights) with the children is the parent who receives child support. The other parent is the person who pays child support. The person responsible for paying child support can be either the higher or lower income party. In most cases, income only affects the amount of support paid, not who receives it. However, if the parties share custody equally (50/50), then the higher-earing spouse will pay child support.

Pennsylvania has a formula for calculating child support that is based on the parties’ relative incomes. Other factors can come into play, such as the cost for healthcare, private school tuition, and other matters.

For more detail read more.

The obligation to pay child support for a child continues until the child turns 18 or graduates from high school, whichever is later.

Generally the status quo will be preserved during the divorce process. A spouse cannot unilaterally remove you or your children from a health insurance policy simply because you are separated or getting divorced. The rules governing who is responsible to pay for health insurance are complex, and the obligation to provide such insurance can change during a divorce based on a change in circumstances; for example, the loss of employment. Any obligation a spouse has to provide health insurance for the other spouse ends upon divorce.

215.345.8000 - info@cooleyhandy.com

Disclaimer: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation.

© Site development and engineering by ParleeStumpf.