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Divorce in Pennsylvania can be financially destabilizing for the lower-earning spouse, even before any final decree is entered. Spousal support is one of the tools Pennsylvania family law uses to address that gap during separation. It is a monthly payment from the higher-earning spouse to the lower-earning spouse while the parties are living apart and the marriage has not yet been resolved by the court.
If you are currently going through a divorce or separating from your spouse, you are likely worried about your financial stability. A Pittsburgh divorce attorney with Pittsburgh Divorce & Family Law, LLC understands this can be a delicate topic and is here to help sort out your particular case. You want your spouse to have the funds they need to live, but you also need the financial stability to move on with your own life. Attorney Anthony Piccirilli can guide you through the support process and protect your interests under Pennsylvania law.
Call (412) 471-5100 today to see how you can maintain your financial integrity.
In Pennsylvania, spousal support is a monthly payment one spouse makes to the other while the parties are separated but before a divorce action has been finalized. The duty arises from the marriage itself and exists to help a financially dependent spouse meet reasonable living expenses while the parties live apart.
Although people often use the words interchangeably, spousal support is not the same as alimony under Pennsylvania law. Spousal support is paid before divorce. Alimony is paid after divorce. There is also a third category, alimony pendente lite (APL), which applies once a divorce action has been filed and is pending.
Pennsylvania recognizes three distinct categories of spousal financial support, each tied to a different phase of the separation and divorce process. The categories are calculated, awarded, and terminated under different rules.
Spousal support is available after the parties separate, when no divorce complaint has been filed yet or while the divorce is not yet pending. It can be denied if the spouse seeking support engaged in conduct that would constitute grounds for a fault divorce.
Alimony pendente lite begins once a divorce complaint is filed and continues through the litigation. APL is not subject to the same fault-based entitlement defenses as spousal support. Its purpose is to keep both spouses on roughly equal financial footing during the divorce.
Alimony is paid after the divorce is finalized, when the court determines that one spouse needs continued financial support and the other has the ability to pay. Pennsylvania courts weigh 17 factors under 23 Pa.C.S. § 3701 when deciding whether to award alimony and for how long.
Spousal support and APL in Pennsylvania are calculated under Pa.R.C.P. 1910.16-4, the same guideline rule that governs other family support obligations. The formula is income-based and uses both spouses’ monthly net incomes.
When there is no concurrent child support obligation, the guideline amount for spousal support equals 33% of the obligor’s monthly net income minus 40% of the obligee’s monthly net income. When the obligor is also paying child support, those percentages drop to 25% and 30%, respectively. The percentages were updated in 2019 to reflect federal tax law changes that ended alimony’s deductibility for new orders.
Monthly net income includes wages, salary, bonuses, commissions, self-employment income, rental income, investment income, and most other earnings, with deductions for taxes, mandatory retirement contributions, and other existing support obligations. A domestic relations officer or judge can deviate from the guideline amount if applying it would be unjust or inappropriate. Our team can walk you through how the spousal support calculation works in your specific situation.
The guideline formula produces a recommended amount, but several factors can affect whether spousal support is awarded at all and whether the guideline amount should be adjusted:
Marital misconduct deserves a closer look. Unlike APL, spousal support can be denied entirely if the spouse seeking it engaged in conduct, such as adultery or desertion, that would justify a fault divorce. This is sometimes called an entitlement defense, and it is one of the most important differences between spousal support and APL.
Spousal support generally continues until one of three things happens: a divorce complaint is filed and APL takes over, the divorce is finalized and the court either enters an alimony order or declines to, or the obligor successfully petitions to modify or terminate the order.
A substantial change in circumstances can support a modification petition. Common triggers include job loss, a significant change in income for either spouse, a serious health issue, or the start of cohabitation by the receiving spouse with a new partner. Either spouse can petition for modification when circumstances change.
Spousal support is paid before a divorce complaint is filed, while the parties are separated. Alimony pendente lite (APL) is paid during a pending divorce action. Alimony is paid after the divorce is finalized. All three are calculated and awarded under different rules, but they share the goal of addressing income disparity between spouses.
Under Pa.R.C.P. 1910.16-4, spousal support without a concurrent child support order is calculated as 33% of the obligor’s monthly net income minus 40% of the obligee’s monthly net income. When child support is also being paid, the percentages drop to 25% and 30%. The formula is a guideline, and a court can deviate from it if the result would be unjust.
Spousal support continues until a divorce complaint is filed (at which point APL takes over), the divorce decree is entered, or the court modifies or terminates the order. It is not a permanent obligation. Post-divorce financial support is handled through alimony, which is a separate determination.
Yes. Spousal support can be denied if the spouse requesting it engaged in conduct that would constitute grounds for a fault divorce under 23 Pa.C.S. § 3301, such as adultery, desertion, or cruel and barbarous treatment. This is known as an entitlement defense and is unique to spousal support. APL is not subject to this defense.
Yes. Either spouse can petition to modify spousal support based on a substantial change in circumstances. Common triggers include job loss, significant income changes, serious health issues, or one spouse beginning to cohabit with a new partner. The court reviews the change and decides whether the existing order should be adjusted.
Going through a divorce can be a difficult experience, and the financial questions that come with it are some of the hardest. Whether you will be paying spousal support or relying on it, a Pittsburgh spousal support attorney can help you understand what Pennsylvania law allows in your case and work toward a fair outcome. At Pittsburgh Divorce & Family Law, LLC, attorney Anthony Piccirilli works directly with separated spouses across Allegheny County and the surrounding counties to resolve spousal support questions.
Call (412) 471-5100 now to schedule a consultation and discuss how Pennsylvania’s spousal support rules apply to your situation.