Spousal Support and Alimony Lawyers in Harrisburg

Financial Support During and After Divorce

Though spousal support and alimony are not always an issue in every divorce, knowing how it may affect your case is essential. We take the time to explain how spousal support, alimony, and alimony pendente lite are designed to assist a dependent spouse in maintaining the standard of living they had during the marriage until they are on their feet. Although spousal support is generally calculated by formula, alimony is not. When it comes to alimony, the amount (and duration) can vary based upon a wide variety of factors, including the length of the marriage, age of the parties, the income of both parties and others.

In general, the purpose of spousal support, alimony pendente lite (alimony pending litigation) and alimony is to help a dependent spouse get back on his or her feet and continue to maintain the standard of living he or she had during the marriage. When determining a party’s support or alimony pendente lite obligation, the court first looks at the net monthly incomes of both parties. In some complex cases, it is necessary to bring in experts, including forensic accountants and vocational experts, to determine the net income of one or both of the parties. After the parties’ net incomes are determined, the court then utilizes a formula. 

Alimony, on the other hand, does not have a formula by which to calculate the amount or duration. Instead, in determining a party’s alimony obligation, the court will consider a number of factors and determine whether or not alimony is necessary. At Cognetti Law Group, our experienced and dedicated attorneys are able to understand and represent clients on both ends of the spectrum. We understand that some clients may have depended on their spouse’s finances and that it may not be easy to become financially independent during the divorce proceedings or after the divorce is granted. We also understand how difficult it may be to owe a financial obligation to your spouse or ex-spouse while simultaneously trying to get your life back on track.

What is the Difference Between Spousal Support and Alimony Pendente Lite (APL)?

The duty to provide spousal support arises out of the marital relationship and terminates when the marriage ends. To receive spousal support, a spouse must show that he or she is innocent and injured and entitled to it; meaning that a spouse may forfeit the right to spousal support by engaging in misconduct rising to the level of valid grounds for a fault divorce. Alimony pendente lite is defined as “an order of temporary support granted to a spouse during the pendency of a divorce or annulment proceeding.” If awarded, APL may continue until a final Decree in Divorce is entered, or it may only continue for a limited duration of time as agreed upon by the parties or pursuant to a court order. APL is based on the need of the dependent spouse to have equal financial resources to maintain or defend the divorce action. Unlike spousal support, the dependent spouse need not show that he or she is entitled or “innocent and injured.” Spousal support may be requested before a divorce complaint is filed, while APL may be requested only after the complaint has been filed. You cannot receive spousal support and APL at the same time.