As defined under the PA Divorce Code, alimony is support paid from one former spouse to another after entry of a divorce decree. Therefore, alimony is technically not available while individuals are still married. While separated, but not yet divorced, the lesser-earning spouse may be able to receive spousal support or alimony pendente lite (APL) from the other spouse.
Spousal support and APL are calculated based on a formula that uses the parties’ net monthly incomes. The formula for spousal support and APL is the same, but there are some differences between them as far as eligibility and possible defenses.
There is no formula for alimony. Whether the court awards alimony and if so, how much and for how long, is determined by a list of seventeen factors. Even where one spouse earns significantly more than the other, alimony is not guaranteed. Alimony is considered a secondary remedy, so according to the Divorce Code, it should be granted only when the distribution of assets and liabilities does not accomplish an overall fair economic resolution.
If spouses are resolving their divorce by agreement without the court being involved, they can call the support paid from one spouse to another whatever they would like. The term used for the support is not as important as having very clear terms about how the support will be handled. Will it be modifiable? If so, under what circumstances? Will is be for a set term and a set amount? What happens if one spouse dies, remarries, loses their job, becomes disabled, etc?
If you are involved in the court process, it is important to understand how different types of support are calculated, if and when they are available, and to have realistic expectations for support. An experienced family law attorney can help you gain that understanding.
If you live or work in the central Pennsylvania area, including Carlisle, Harrisburg, Hershey and surrounding communities and would like to discuss alimony or any other family law or estate planning or administration issue, please contact our office for a free telephone consultation today.