Separation and divorce can bring not only emotional turmoil but also significant financial strain. Establishing financial support early in the process is crucial to help ease the transition. In Pennsylvania, there are different types of financial support available, each serving a specific purpose during the various stages of separation and divorce.
While most people are familiar with the term “alimony,” terms like “alimony pendente lite” and “spousal support” might be less well-known. Here's a breakdown of these types of support and how they differ:
1. Spousal Support
- What it is: Spousal support provides financial assistance to help a spouse cover essential monthly expenses such as mortgage payments, food, clothing, and household bills.
- When it applies: Spousal support is available during a separation, before a divorce complaint has been filed.
- How long it lasts: This support can be received until a divorce complaint is filed. Once that happens, spousal support automatically converts to Alimony Pendente Lite.
2. Alimony Pendente Lite (APL)
- What it is: Alimony Pendente Lite, or APL, is temporary financial support provided after a divorce or annulment action has been filed. Its primary purpose is to ensure that both spouses can afford legal fees and living expenses during the litigation process.
- When it applies: APL becomes available once a divorce or annulment action is filed and continues until the divorce is finalized. The purpose of APL is to allow the lower income spouse to maintain the standard of living that existed during the marriage and may provide the lower income spouse the ability to maintain the divorce action.
- How long it lasts: APL remains in effect until the final divorce decree is issued or there is an Order terminating the APL prior to the entry of the divorce decree. The court considers both parties' financial needs and their ability to pay when determining the amount of APL.
- Key Similarity: While spousal support and APL serve similar purposes, the key distinction lies in their timing. Both use the same guidelines for determining award amounts, and Pennsylvania law prohibits receiving both simultaneously. Simply put, you can’t get two bites at the apple.
3. Alimony
- What it is: Alimony is financial support awarded to a former spouse after the divorce is finalized. Alimony aims to help the lower-earning spouse maintain a standard of living similar to what they experienced during the marriage.
- When it applies: Alimony is ordered once the divorce is finalized. The purpose of alimony is not to reward one party and punish the other, but rather to ensure that the reasonable needs of the person are met, when he or she is unable to support himself or herself through appropriate employment.
- How long it lasts: The duration and amount of alimony depend on several factors, including the requesting spouse’s reasonable needs and the paying spouse’s ability to provide support. Courts consider the length of the marriage, each spouse’s financial situation, and other relevant factors when determining alimony terms. More importantly, alimony is considered a secondary remedy and is available when the reasonable needs cannot be achieved by an equitable distribution award and development of an appropriate employable skill.
Final Thoughts
Understanding the differences between spousal support, APL, and alimony is essential when navigating separation and divorce in Pennsylvania. If you’re unsure which type of support applies to your situation, consulting with an experienced family law attorney can help you protect your financial well-being during this challenging time.
If you are considering a separation or divorce and need the guidance of a top divorce lawyer in Pennsylvania, contact us. Call 215-340-2207 or email us at info@bucksfamilylawyers.com.