A Lawyer Explains: What is APL in PA and How to Get It

If you’re going through a divorce in Pennsylvania, you might be wondering, what is APL in PA? APL stands for Alimony Pendente Lite, which is temporary financial support one spouse provides to the other while the divorce is ongoing. The purpose of APL is simple: to ensure that both spouses can afford legal representation and maintain financial stability during what is often a long, emotionally draining process.

As a lawyer with years of experience handling family law cases in Pennsylvania, I can tell you that APL is one of the most common issues that come up during divorce proceedings. And if you’re the lower-earning spouse, securing APL can make all the difference in ensuring you have a fair shot during the case.

Let’s dive deeper into how APL works, how it’s calculated, and what you can do to maximize your chances of getting the support you need.

Why Does Pennsylvania Have APL?

Unlike spousal support or post-divorce alimony, APL is specifically designed to level the playing field during the divorce process. Think of it this way—if one spouse earns significantly more than the other, that wealthier spouse can easily afford top-notch legal representation, while the lower-earning spouse might struggle just to pay a lawyer. Without APL, divorce cases could become heavily skewed in favor of the spouse with more financial power.

I once had a client, let’s call her Sarah, who hadn’t worked outside the home for nearly a decade because she was raising her kids. Her husband was the primary breadwinner, and when she filed for divorce, she found herself completely overwhelmed by legal costs. Thankfully, we were able to secure APL, which allowed her to afford quality representation and fight for a fair custody arrangement.

How is APL Different from Spousal Support and Alimony?

Spousal Support vs. APL

While both spousal support and APL involve one spouse providing financial assistance to the other, there are key differences:

1. Spousal Support is paid before the divorce is filed but after the couple separates.
2. APL kicks in after the divorce complaint is filed and continues until the divorce is finalized.

If you’re unsure which applies to your situation, a good rule of thumb is to look at timing. If you haven’t yet filed for divorce but need financial help, spousal support might be what you’re seeking.

Alimony vs. APL

Alimony, on the other hand, refers to payments made after the divorce is finalized. APL only covers the period while the divorce is pending, and its primary purpose is to ensure both spouses can afford the litigation.

For more detailed information about spousal support and alimony, check out our guide to Pennsylvania alimony.

Who Qualifies for APL in Pennsylvania?

To qualify for APL, you generally need to meet the following criteria:

1. A divorce complaint must be filed. APL isn’t available before the divorce process officially begins.
2. There must be a financial disparity between spouses. If both spouses earn similar incomes, APL likely won’t be awarded.

In my experience, the court tends to favor awarding APL when one spouse significantly out-earns the other. It’s not about punishing the higher-earning spouse—it’s about ensuring a fair legal process.

Real-World Example: Financial Disparity Matters

I once represented a husband who earned about $45,000 a year, while his wife earned over $200,000. He was initially hesitant to ask for APL, feeling that it would look bad. But after discussing how the law is designed to ensure fairness, he agreed. The court awarded him APL, which allowed him to afford legal counsel and reach a reasonable settlement.

How is APL Calculated in Pennsylvania?

The Formula

In Pennsylvania, APL is calculated using the state’s Support Guidelines. Generally, it’s a percentage of the difference in net incomes between the two spouses. The court may adjust the amount based on additional factors, such as:

• The number of dependents
• Existing support obligations
• Legal fees

Example Calculation

Let’s say one spouse earns $8,000 per month, and the other earns $2,000 per month. After applying the guidelines, the court might award APL equal to 30% of the income difference, which would be $1,800 per month. This ensures that both parties can maintain a somewhat balanced financial footing during the divorce.

For a more detailed breakdown of the support guidelines, you can refer to the Pennsylvania Rules of Civil Procedure governing APL.

How to Request APL

Step 1: File a Petition

The first step in obtaining APL is filing a petition with the court. Your lawyer will help you draft this petition, which outlines your financial situation and why you need APL.

Step 2: Provide Financial Documentation

You’ll need to provide detailed financial records, including:

• Pay stubs
• Tax returns
• Bank statements

Providing complete and accurate information is crucial—the court relies on these documents to make its decision.

Step 3: Attend the Hearing

Once your petition is filed, the court will schedule a hearing. This is your opportunity to explain your financial needs and demonstrate why APL is necessary.

If the idea of attending a court hearing sounds intimidating, don’t worry—your lawyer will be there to guide you every step of the way.

Can APL Be Modified or Terminated?

Yes, APL can be modified or terminated under certain circumstances. Common reasons for modification include:

1. A significant change in income for either spouse.
2. Remarriage or cohabitation of the receiving spouse.

If you believe your APL order should be changed, you’ll need to file a motion with the court. This can be a complicated process, so it’s best to consult with your lawyer.

Tax Implications of APL

Before 2019, APL payments were deductible by the payor and considered taxable income for the recipient. However, under the Tax Cuts and Jobs Act of 2017, APL is no longer tax-deductible or taxable for divorces finalized after December 31, 2018.

This change has significantly impacted how divorces are negotiated. If you have questions about how the tax laws affect your APL, it’s worth discussing with both your lawyer and a tax professional.

Conclusion: Get the Support You Deserve

Understanding what APL is in PA and how to secure it can be a game-changer during your divorce. It ensures that financial disparity doesn’t put you at a disadvantage in court, giving you the resources to fight for what’s fair.

If you have more questions about APL or need help filing for it, feel free to reach out. I’m here to help guide you through the process and make sure you’re in the best possible position as you navigate this difficult time.

For more information on divorce and related issues, check out our blog on child custody in Pennsylvania and our guide to spousal support. If you’re looking for external resources, the Pennsylvania Legal Aid Network offers helpful information on family law matters.