Financial security is just one of the many issues that arise in divorce matters in Pennsylvania, including Montgomery, Bucks, Chester, and Philadelphia counties. At Materese family law, we specialize in helping citizens of the Philadelphia area with alimony and spousal support.
Many people are familiar with the terms alimony and spousal support, but what these terms mean is not always clear. Depending on the situation and financial circumstances, Pennsylvania family law courts can order spousal support, alimony pendente lite or alimony. Whether you are new to the family law process or a veteran of the family court system, understanding the different types of support in Pennsylvania is critical to your divorce case.
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Spousal Support – Spousal support is available to spouses by virtue of their married relationship, whether or not a divorce is filed. There are some defenses to spousal support and it is important to understand them before seeking this type of support.
Alimony Pendente Lite – Also referred to as “APL”, alimony pendente lite is support available to the dependent spouse during the pendency of a divorce proceeding. Because of this, APL is only available after a Divorce Complaint has been filed and the divorcing spouses have separated households.
Alimony – Alimony is post-divorce support from one ex-spouse to another ex-spouse as part of their divorce resolution. Alimony, unlike the other types of support above, is not based on guidelines or mathematical formulas. Rather, it is based on the court evaluating seventeen different factors found in Section 3701 of the Divorce Code.
1. The relative earnings of both spouses.
2. The duration of the marriage.
3. The ages and physical, mental and emotional states of the two spouses.
4. The sources of income of both spouses. This includes medical, retirement, insurance or other benefits.
5. The expected future earnings and inheritances of the two spouses.
6. The degree to which one spouse has contributed to the other spouse’s education, training or increased earning potential.
7. The degree to which a spouse will be financially affected by their position as the custodian of a minor child.
8. The standard of living of the spouses established during the marriage.
9. The relative education of the parties. This also considers the amount of time it would take for the spouse seeking alimony to acquire the education or training necessary to find employment.
10. The relative assets and liabilities of the two spouses.
11. The property each spouse brought to the marriage.
12. The degree a spouse contributed as a homemaker.
13. The relative needs of the two spouses.
14. The marital misconduct of either of the spouses during the marriage. “Abuse” as in this context shall have the meaning given to it under Section 6102.
15. The federal, state and local tax consequences of the alimony.
16. Whether the spouse seeking alimony lacks sufficient property, including items in Chapter 35 relating to property rights, to provide for their reasonable needs.
17. Whether the spouse seeking alimony is incapable of supporting themselves through appropriate employment.
Our Montgomery County divorce law firm accepts clients across the county, including: Ambler, Blue Bell, Collegeville, Fort Washington, Jenkintown, King of Prussia, Lansdale, Oreland, Plymouth Meeting, Willow Grove, as well as the Main Line areas of Ardmore, Bryn Mawr, Haverford, Merion, and Narberth.
Divorce issues, custody battles, and complex family law matters are not on a linear path. Our highly-skilled family and divorce law firm handles a wide breadth of services no matter what situation you face.
Our divorce attorney will develop a divorce plan and strategy tailored to you and what’s best for you and your family.
Our Montgomery County, PA family law firm will guide you through the child custody process with skill, energy, and compassion. Our law firm also accepts child custody matters in Bucks, Chester, and Philadelphia counties.