In Pennsylvania, including in Bucks County divorce actions, Montgomery County divorce actions and Philadelphia County divorce actions, lower-earning spouses have the right and ability to get financial support from the higher-earning spouse both during separation and through the pendency of divorce litigation. This type of support is called either Spousal Support or Alimony Pendente Lite (“APL”). Pennsylvania law has determined that the purpose of APL is to ensure that both parties have the financial ability to retain legal counsel and proceed in a divorce action. In other words, even if you have very little financial resources, you may be able to receive support so that you can hire your own attorney—someone who is knowledgeable about the law and is representing your best interests and will guide you accordingly.
The amount of APL that your financially superior spouse may owe you is based on a percentage of the difference in after-tax income between the higher-earning spouse and the lower-earning spouse, along with other factors such as the higher-earning spouse’s other support obligations. The Pennsylvania Support Guidelines dictate the amount for which a payor spouse will be obligated. APL may be awarded even if both spouses remain living in the same home during your separation. In fact, even if you have committed some other legal misconduct related to the marriage (like adultery), you may still seek and receive APL.
APL, however, is limited in duration. You may only receive APL until equitable distribution has been finalized, a divorce decree has been issued, and the action has ended. Consequently, some individuals receiving APL attempt to prolong the divorce in order to continue receiving such payments, while the payor spouse may be motivated to finalize the divorce as quickly as possible in order to cease making such payments.
Cooley & Handy strongly believes that, to the extent possible, it is essential that you attempt to re-establish your financial independence during the pendency of your divorce. This is true for both practical purposes, such as getting a start on moving on with your life, and your emotional well-being.
Of course, once the marriage has legally ended (equitable distribution matters are finalized and a divorce decree has been entered), you may be granted further support. Support awarded to you after the marriage has ended is called “alimony.” There are not necessarily any hard-and-fast rules as to how alimony is awarded, contrary to popular myth. Rather, the court will determine whether or not you can meet your reasonable needs (according to the lifestyle in which you grew accustomed during your marriage), taking into consideration your income and the amount of marital assets that you received in equitable distribution. Alimony is often awarded in cases where there is a large disparity in the parties’ incomes, where one party has physical or mental deficiencies, where the marriage was long-term, and under other circumstances.
There are various types of alimony. Commonly, rehabilitative alimony is awarded to a spouse. This type of support is generally limited in duration. It is awarded in order to allow one party to “get back on their own feet.” Permanent alimony is less common, but is awarded for the duration of a spouse’s lifetime. Another type of alimony is that which is awarded until a specific condition is met (for example, a spouse receives alimony until the marital residence is sold and he/she receives their equitable percentage of net profit). Finally, there are times when “reimbursement alimony” is awarded. In other words, a spouse literally must financially reimburse the other spouse for a certain sum of money. Often times, this occurs when a spouse financed the other party’s education.
Alimony, except in the case of reimbursement alimony, generally terminates when the person receiving the alimony begins co-habitating with another party with whom they are romantically involved, remarries or passes away.
Consequently, although it may seem like there is no way that you can financially support yourself during a divorce or thereafter, there are various legal mechanisms that can assist you in getting through this difficult process. Contact the Bucks County Divorce attorneys at Cooley & Handy to discuss your options.
Cooley & Handy represents individuals in personal injury, class action, divorce, custody, and other litigation in Bucks, Montgomery and Philadelphia Counties and throughout Pennsylvania.
Cooley & Handy are Bucks County Divorce Lawyers, Montgomery County Divorce Lawyers and Philadelphia County Divorce Lawyers.