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by Answerbag Staff on December 11th, 2009

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What is the difference between alimony and spousal maintenance payments in Pennsylvania?

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  • by Cheryl Waters Likins on December 11th, 2009

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    Spousal support or spousal maintenance payments are payable prior to filing for divorce, but after separation. Alimony 'pendente lite' is paid pending litigation, while alimony is paid after the divorce decree is finalized.

    Types-Spousal Support

    An estranged spouse may file for spousal maintenance payments or spousal support prior to filing for divorce. The other spouse may claim an entitlement defense if he or she can demonstrate grounds for the divorce, such as abuse, infidelity, cruelty or abandonment.

    Features

    Spousal support is determined by calculating 40% of the difference between the payer's net monthly income and the recipient's net monthly income. If there is child support, then this amount is deducted from the income difference between the two parties. The result is then multiplied by 30%.

    Types- Alimony Pendente Lite

    Alimony pendente lite (APL) is awarded after divorce proceedings begin. The court employs the same formula used to calculate the amount of spousal maintenance payments.

    Types- Alimony

    Pennsylvania has no guidelines when it comes to determining alimony payment amounts. Individual circumstances dictate whether alimony is awarded and how much. A spouse may claim that the divorce resulted in an unmet need and petition the court for alimony.

    Considerations

    The court considers alimony only after the two parties have completed the equitable distribution of marital assets. After the divorce, If one party says they are at a financial disadvantage compared to the marital lifestyle, then he or she might be awarded alimony.

    Source:

    Brian C. Vertz, Esq: BV Source.com website: Spousal Support and APL Support Guidelines article

    Lisa Marie Vari & Assoc: PA Family Lawyers.com website: PA Spousal Support, APL & Alimony

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