In many jurisdictions, “alimony” and “spousal support” are interchangeable terms. In Pennsylvania, alimony, spousal support and alimony pendente lite (APL) are three similar but different concepts related to one spouse providing financial assistance to the other. A Camp Hill father’s rights spousal support attorney can explain these terms to you and how they may be applied for your benefit during divorce.
Alimony, spousal support and APL
Alimony is a regularly scheduled payment one spouse makes to the other (usually the man to the woman) to provide financial support after the marriage. Alimony orders are made by the court when the final divorce decree is entered. In Pennsylvania, “spousal support” and “APL” are almost interchangeable terms that refer to periodic payments made during the separation period and before the divorce decree is entered. Other jurisdictions call these payments “maintenance.”
Two differences between spousal support and APL
There are two noteworthy differences between spousal support and APL. First, spousal support may be awarded to an estranged spouse before the divorce proceeding has begun, whereas APL is awarded after a divorce action was started. Second, there is almost no defense to a claim for APL, while a claim for spousal support may be defeated by a claim that the petitioning spouse is not entitled to spousal support. A defense of entitlement may exist if the petitioning spouse is guilty of one of the fault grounds for divorce such as cruelty, infidelity or abandonment.
How to calculate the spousal support award
Spousal support and alimony are calculated by a statutory formula that depends on the amount of child support paid and the monthly incomes of the parties. If there are no minor children, then spousal support is a simple multiplication of the difference between the parties’ net incomes by 40 percent. If there are children covered by a support order, then the income difference is reduced by the amount of child support, and the resulting sum is multiplied by 30 percent. A Harrisburg spousal support attorney for men possesses the knowledge and skill needed to ensure the calculation is most favorable to you.
Consult an experienced Harrisburg spousal support attorney
If you are concerned about the amount of spousal support that is being requested, you should schedule a visit with The Guy’s Attorney, John F. King, Esq. He has been serving Cumberland, Dauphin and Perry Counties for more than 20 years. For more information, call 717.412.0244.
