What Types of Alimony Can You Pursue in Pennsylvania?
Divorce can be a difficult and emotional time for everyone involved. One of the many issues that arise during a divorce is the question of spousal support or alimony. Alimony is a court-ordered payment made by one spouse to the other for financial support after a divorce. The purpose of alimony is to ensure that the recipient spouse is not left without financial resources after the marriage ends.
In Pennsylvania, there are several types of alimony that one can pursue. Understanding the types of alimony available is crucial for individuals going through a divorce. This blog will discuss the types of alimony available in Pennsylvania and how to pursue them.
Types of Alimony
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Spousal Support
Spousal support is alimony awarded during the divorce process but before the divorce is finalized. Spousal support provides temporary financial support to the recipient spouse until a final alimony decision is made. In Pennsylvania, spousal support is available to spouses who are separated but not yet divorced. The amount of spousal support is based on the recipient spouse’s needs and the paying spouse’s ability to pay. The court determines the duration of spousal support based on the length of the marriage and other factors.
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Alimony Pendente Lite
Alimony pendente lite, or APL, is similar to spousal support in that it is awarded during the divorce process. However, APL is specifically intended to cover the costs of the divorce process itself. APL is only available in Pennsylvania to spouses who have filed for divorce and are awaiting a final divorce decree. The amount of APL is based on the recipient spouse’s needs and the paying spouse’s ability to pay. The duration of APL is generally limited to the length of the divorce process.
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Alimony
Alimony is a type of support awarded after the divorce is finalized. In Pennsylvania, alimony is available to spouses who are financially dependent on the other spouse. The court considers several factors in determining whether to award alimony and the amount and duration of the award. Some factors considered include the length of the marriage, the earning capacity of each spouse, and the standard of living during the marriage.
There are three types of alimony in Pennsylvania: rehabilitative alimony, reimbursement alimony, and permanent alimony.
- Rehabilitative alimony is intended to provide financial support to a spouse for a limited period to enable them to become self-sufficient. This type of alimony is often awarded to a spouse who needs to obtain additional education or training to re-enter the workforce.
- Reimbursement alimony is intended to reimburse a spouse for financial contributions made to the other spouse during the marriage. This type of alimony is often awarded when one spouse has supported the other spouse’s education or career.
- Permanent alimony is intended to provide ongoing financial support to a spouse who is unable to become self-sufficient due to age, illness, or disability. This type of alimony is typically awarded in cases where the recipient spouse has a limited earning capacity or has been out of the workforce for an extended period.
To pursue alimony in Pennsylvania, an individual must file a complaint with the court requesting alimony. The court will consider several factors in determining whether to award alimony, including the length of the marriage, the earning capacity of each spouse, and the standard of living during the marriage. It is important to note that there is no automatic entitlement to alimony in Pennsylvania, and each case is evaluated on its own merits.
It is highly recommended that individuals seeking alimony in Pennsylvania consult with a divorce law attorney who can provide guidance throughout the process. An attorney can assist in preparing the necessary documents, representing the individual in court, and negotiating the terms of the alimony award. A family law attorney can also advise on the likelihood of success and the potential amount and duration of the alimony award.
Engle, Kauffman & VanHorn, P.C. is a law firm in Pennsylvania specializing in divorce law. Our attorneys have extensive experience representing clients in divorce and alimony cases. We understand each case is unique, and we work closely with our clients to develop a customized strategy that meets their needs. Contact us today to schedule a consultation with one of our experienced family law attorneys.