Spousal Support During The Divorce Process
Divorce in Pennsylvania requires a minimum of 90 days and may take more than one year, depending upon the issues under litigation. During that time, one party may find herself or himself at a significant financial disadvantage due to the loss of income normally supplied by the other spouse.
Under state law, the primary wage earner of the marriage has a duty to support the dependent spouse. The objective of spousal support is to ensure that the dependent spouse is able to move forward financially during the period before the divorce is finalized. Once the divorce is finalized, the spousal support is terminated.
Generally speaking, if there are no minor children of the marriage, spousal support is equal to 40 percent of the difference in the parties’ net monthly incomes. If there is a child support order in place, spousal support is equal to 30 percent of the difference in the parties’ net monthly incomes after credit is given to the primary wage earner for the child support payment.
While this may seem like a fairly simple calculation, there can be many complicating factors that need to be considered. Calculating the net monthly income is not always as simple as it sounds. It can be confusing trying to determine what expenses can and cannot be deducted from the gross earnings to arrive at the net income. Some income can be included while other income, such as SSI, cannot. There may be defenses raised to the claim for spousal support that either need to be addressed or defended. There may be claims for a mortgage contribution or direct payment credits. These are issues that attorneys understand. Our firm can assist you as the primary wage earner or the dependent spouse.
The calculation for APL is the same as the calculation for spousal support. Similar to spousal support, the APL award is terminated when the divorce is final.
Alimony Pendente Lite Lawyer
Alimony pendente lite means alimony pending litigation. Unlike spousal support, there are no affirmative defenses to an award of alimony pendente lite. You cannot receive alimony pendente lite and spousal support at the same time. While you can file for spousal support even if the divorce complaint has not been filed, APL is a right under the divorce code. Therefore, you cannot file for it or be required to pay it until the divorce action has been filed.
You Are Entitled To Apply For Financial Support During Divorce. Call Us.
Tanner Law Offices, LLC, represents clients in Harrisburg, Camp Hill and surrounding communities in Central Pennsylvania. We can assist you in either filing for alimony pendente lite or assist you if your spouse has filed for APL. Call us at 717-836-0471 or request a consultation.