Spousal Alimony vs. Alimony Pendente Lite vs. Alimony in Pennsylvania | Obermayer Rebmann Maxwell & Hippel LLP
In Pennsylvania, a financially dependent party may receive spousal support, final alimony, and/or alimony from their current or former spouse. Although these terms are often confused with one another, the awards each have their own purpose and point in the separation and divorce process.
1. Spousal maintenance:
In general, the purpose of spousal support is to secure an adequate level of maintenance support for the dependent spouse. This award focuses on the party’s monthly needs and expenses, such as mortgage, utilities, groceries, clothing, and vehicle expenses. The maintenance obligation arises from the marital relationship and ends with the termination of the marriage. Thus, spousal support is likely to end either a) upon the death of the payer or recipient, or b) upon the entry of a divorce decree in a divorce proceeding. If no divorce proceedings are pending, only spousal support can be requested.
2. Alimony Pendente Lite:
Alimony pendente lite or APL, often referred to by the acronym Alimony pendente lite, is defined as “an order of temporary support granted to a spouse while divorce or nullity proceedings are pending”. The purpose of this award is based on the financially dependent spouse’s need for relatively equal resources to maintain or defend the divorce case when the other side has greater income or assets. This arbitral award is particularly tied to pending divorce proceedings. In addition, the court may consider the non-filing party’s ability to pay when deciding whether to order APL payments. If divorce proceedings are pending, spousal support or APL may be sought.
3. Maintenance:
Under Pennsylvania law, alimony is given to “establish economic justice between the parties.” Alimony is ordered from a spouse or ex-spouse in connection with a divorce or annulment order. Therefore, alimony is the form of support that a party receives after divorce. The amount of alimony that may be awarded to a dependent party is determined by the reasonable needs of the payee in accordance with the lifestyle and standard of living of the parties during the marriage and the ability of the payer to pay.
Support cases require a differentiated analysis of the economic landscape and the specific circumstances of the parties.
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