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Spousal Support Alimony

Spousal Support/Alimony

Spousal Support and Alimony Lawyers in Harrisburg

Alimony Lawyer In Harrisburg, PA

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.

Alimony is ordered to ensure that the reasonable needs of the spouse who is unable to support himself or herself following a divorce are met. However, alimony is often called a “secondary remedy” because the court will first make their award of equitable distribution and then, if they determine that it is not sufficient to maintain the dependent spouse, they will award alimony. A court may award alimony, as it deems reasonable, to either party, if it finds that alimony is necessary. In determining whether alimony is necessary and in determining the nature, amount, duration and manner of payment of alimony, the court will consider various factors:

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.

The Harrisburg family law attorneys of Cognetti Law Group serve clients in Harrisburg, Dauphin County, and throughout Pennsylvania. We are committed to providing clients experienced and individualized family law representation.

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For over 40 years, Cognetti Law Group has provided experienced and sophisticated family law representation throughout Pennsylvania.

Disclaimer: Contacting us does not create an attorney-client relationship. We do not agree to represent you simply because you have sent us information via our website's contact form. Please do not send any confidential information via our submission form.

Reviews & Testimonials

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    "I am truly thankful I had you and your team of professionals on my side."

    I wanted to thank you for representing me and handling my divorce, and child custody arrangement a few years ago.

    - R.H.
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    "Highly recommended and top-notch!"

    Maria P. Cognetti goes steps beyond, extremely professional, and KNOWS HER stuff in family law.

    - V.E.
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    "I would recommend her firm to anyone needing a great lawyer in the family area."

    I was in need of an educated, experienced divorce lawyer and was referred to Maria and her staff. They are very educated and have experience in divorces, family issues, and support.

    - J.M.
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    "Maria and her associates are beyond exceptional!!"

    Between her tenacity and intellect, she took me from paying out $110,000 to $50,000 and ending with saving me $65,000 in my divorce settlement.

    - D.C.
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    "She is responsive, decisive, and most importantly, honest about the legal process and expectations."

    Her support staff is also phenomenal, from her receptionist to her highly skilled (and very kind) paralegal. I never thought I’d need a family law attorney, but I am so glad I have her.

    - E.D.
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    "I have so much appreciation for all you’ve done."

    There is no way I would have made it through this life-changing ordeal without Cognetti & Associates! I’ve had several folks ask me who represented me and I’ve gladly shared.

    - G.M.
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    "Maria Cognetti is a hardworking lawyer!"

    She will always have your back! Her staff is excellent and highly accommodating. Strongly recommended!!

    - F.S.
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    "Thank you, Maria!"

    Best decision I made!

    - D.W.
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    "My expectations were not only met but exceeded."

    Two years (sic) I needed a divorce attorney and Cognetti and Associates came highly recommended. They got me exactly what I needed.

    - D.F.
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    "I am very grateful for her and her staff."

    Maria was tough! I now understand why. Allowing her to do what she felt was best for me, gave me a settlement in favor of me rather than paying out.

    - D.C.
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    "I am truly thankful I had you and your team of professionals on my side."

    I wanted to thank you for representing me and handling my divorce, and child custody arrangement a few years ago.

    - R.H.
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    "You helped me salvage my self-respect."

    Going through divorce is a terrible experience, no matter what! However, your ways and means of guiding me through the process was very helpful.

    - A.O.
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    "If I need an attorney again for any reason, I will be happy to give you a call."

    Thank you very much for everything that you and your staff did for me.

    - L.M.

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