What Is Spousal Support in Pennsylvania?

If you’re going through a separation or divorce, you might be wondering, Can I get spousal support in Pennsylvania? The answer depends on your specific circumstances. Spousal support, sometimes referred to as alimony or Alimony Pendente Lite (APL), is financial assistance paid by one spouse to the other during or after a separation or divorce. It’s designed to help the lower-earning spouse maintain financial stability.

I once had a client, Sarah, who was overwhelmed by the thought of navigating the support process. She had taken time off work to raise her kids and worried about how she would pay her bills after separating from her husband. By understanding her rights and filing for support, she was able to get the assistance she needed while transitioning into her new life. This guide will walk you through the steps, just like I did with Sarah.

Types of Spousal Support in Pennsylvania

Spousal Support (Before Divorce Filing)

Spousal support is available once a couple separates but before filing for divorce. It’s meant to ensure the dependent spouse doesn’t face immediate financial hardship. Unlike alimony, marital misconduct can impact eligibility for spousal support.

For example, if the spouse requesting support was unfaithful, that could disqualify them from receiving it.

Alimony Pendente Lite (APL)

APL is a temporary form of support granted during divorce proceedings. It’s designed to help the dependent spouse cover legal expenses and maintain their standard of living until the divorce is finalized.

Unlike spousal support, APL does not consider marital misconduct. The focus is solely on ensuring both parties have the means to litigate the divorce fairly.

Alimony (Post-Divorce Support)

Alimony is awarded after a divorce is finalized. Its purpose is to provide long-term financial assistance, particularly in cases where one spouse has significantly less earning potential.

Factors Considered When Awarding Spousal Support

Pennsylvania courts consider several factors when determining whether to award spousal support and how much. Some of the most important include:

Income of Both Spouses

The court will look at the net income of both parties. This includes wages, bonuses, rental income, and any other sources of regular income. In one case I handled, the dependent spouse had a part-time job, but the court still awarded support based on the disparity in full-time earnings.

Duration of the Marriage

Longer marriages generally lead to higher or longer-lasting support payments. If you’ve been married for 20 years, the court is more likely to award significant support compared to a short-term marriage of 2 or 3 years.

Standard of Living During the Marriage

The goal of spousal support is to help the lower-earning spouse maintain a similar standard of living. If you were living in a large home and enjoying a comfortable lifestyle, the court may award higher support to ensure you can continue that lifestyle, at least temporarily.

Age and Health of Both Spouses

Older spouses or those with significant health issues may receive more support due to limited earning potential. This was a key factor in a case I worked on where the dependent spouse had a chronic illness that prevented full-time employment.

Marital Misconduct

While marital misconduct doesn’t affect APL, it can play a role in spousal support. If one spouse was unfaithful or abusive, the court might reduce or deny support.

How to File for Spousal Support at Domestic Relations

Filing for spousal support can feel overwhelming, but knowing the steps ahead of time makes it much easier.

Step 1: Gather Necessary Documents

Before visiting your local Domestic Relations Section (DRS), collect important documents such as:

• Proof of income (pay stubs, tax returns)
• A list of monthly expenses
• Any separation agreement you may have

Step 2: Visit the Domestic Relations Office

You’ll need to file your complaint for spousal support at the DRS office in the county where you or your spouse reside. Be prepared to pay a filing fee unless you qualify for a fee waiver.

Step 3: Complete and Submit the Forms

The office staff can guide you through the forms, but it’s essential to be thorough and honest when detailing your financial situation. Incomplete or inaccurate forms can delay your case.

Step 4: Attend the Support Conference

Once your forms are submitted, you’ll be scheduled for a support conference. A conference officer will review both parties’ financial information and attempt to mediate an agreement. If no agreement is reached, the case proceeds to a hearing before a judge.

Step 5: Receive the Support Order

After the hearing, the court will issue a support order outlining the payment amount, frequency, and duration. This order is enforceable by law, meaning failure to comply can result in wage garnishment or other penalties.

Related Resource: Pennsylvania Domestic Relations Office Locations

Modifying or Terminating Spousal Support

Life circumstances change, and so can spousal support orders. If you or your ex-spouse experience a significant change in income or living situation, you may be eligible for a modification.

How to Request a Modification

1. Gather documentation of the change in circumstances (e.g., job loss, medical bills).
2. File a petition for modification at the DRS office.
3. Attend the modification hearing.

When Does Spousal Support End?

Spousal support typically ends when:

• The dependent spouse remarries or cohabitates with a new partner.
• Either spouse passes away.
• A court order terminates the support.

FAQ: Spousal Support in Pennsylvania

What’s the difference between spousal support and alimony?

Spousal support is awarded before divorce, while alimony is awarded after the divorce is finalized.

How is spousal support calculated in Pennsylvania?

It’s generally calculated as a percentage of the difference in net incomes, though other factors may influence the final amount.

Can I modify spousal support?

Yes, you can request a modification if there’s a significant change in circumstances.

What if my spouse refuses to pay?

The court can enforce payment through wage garnishment, liens, or contempt proceedings.

Conclusion: Why Legal Help Matters

Navigating spousal support can be tricky. Each case is unique, and a small detail can greatly impact the outcome. As a lawyer, I’ve helped many clients understand their rights and secure fair support orders. If you have questions or need assistance filing for spousal support in Pennsylvania, don’t hesitate to reach out.

Related Reading: Understanding Divorce Proceedings in Pennsylvania