Alimony Pendente Lite
Prior to finalizing a divorce, alimony pendente lite payments may be ordered to support the dependent spouse through the divorce process.
When a marriage is coming to an end, there are seemingly endless numbers of issues to resolve. One arrangement that people often neglect to address is alimony or monthly payments made from one spouse to the other. Before a marriage is officially over, alimony pendent lite payments may be ordered in the interim.
With years of legal experience, the Pittsburgh divorce lawyers at Pittsburgh Divorce & Family Law, LLC understand that being removed from certain financial decisions can be very frustrating. Let attorney Anthony Piccirilli utilize his knowledge regarding alimony and alimony pendent lite issues to help you create an agreement that is fair and mutually beneficial.
Call (412) 471-5100 today to see how you can create a balanced spousal support agreement.
In the Interim
In Pennsylvania, alimony is often granted in cases where one spouse earns substantially more than the other. It is also common in cases where the marriage has spanned years or when one spouse is unable to earn a living on their own. However, what about the interim? Are alimony payments required while the divorce is pending? The answer is yes. While a divorce is being processed, the receiving spouse is entitled to alimony payments referred to as alimony pendente lite. Unlike alimony, there are strict guidelines on timing for this type of spousal support. It begins as soon as the case is opened and ends when the legal separation is finalized.
The amount of alimony pendente lite is controlled by a strict formula that is based on the income of both spouses. In most cases, the formula for these payments is 40 percent of the difference in the net income of both parties. If children are involved, the amount is lowered to 30 percent. This is because child support is also being paid by the spouse who is paying alimony.
Using the guidelines outlined above has been instrumental in reducing litigation in divorce cases. However, certain exceptions exist that warrant the modification of alimony pendente lite. These commonly involve dire circumstance in which paying more or less is necessary during the interim of a divorce. These exceptions include, but are not limited to:
- The receiving spouse has no additional source of income and they require additional support
- The receiving spouse has child care costs that were not taken into account during the creation of the child support agreement
- The spouse paying alimony pendente lite has extenuating circumstance that requires all of their financial resources, such as expensive treatment for an illness
- The spouse paying alimony pendent lite is currently unable to pay the advised amount due to a career transition or another rare circumstance
Let Anthony Piccirilli Protect Your Rights
Many people are unaware of the commonality of alimony payments, not to mention those in the interim. If you are currently going through a divorce, you are likely worried about your financial situation. You want your ex to have the support they need, but you also do not want to be taken advantage of. What’s more, you want to make sure you have the necessary funds to move on with your life.
At Pittsburgh Divorce & Family Law, LLC, our Pittsburgh divorce lawyers realize that a divorce can uproot everything you have worked hard to establish. Alimony is a difficult topic to discuss with your ex, and you do not want your negotiations to lead to a lengthy court battle. Attorney Anthony Piccirilli will stand by you every step of the way, aiding in negotiations and mediating the conversation between you and your spouse.