Spousal Support vs. Alimony in Pennsylvania

In Pennsylvania divorce cases, the terms spousal support, alimony pendente lite (APL), and alimony are often used interchangeably—but they refer to different things. Understanding the distinction is essential for anyone going through or preparing for a divorce.

What Is Spousal Support and Alimony Pendente Lite (APL)?

In Pennsylvania, spousal support and alimony pendente lite (APL) are both forms of financial support that may be paid to a financially dependent spouse while a divorce is pending. The support is calculated using the same formula, and the amount is typically the same in either case.

The main difference is entitlement:

• Spousal support is available after separation but before a divorce complaint is filed. The spouse paying support may raise entitlement defenses, such as alleging the dependent spouse committed marital misconduct.

• APL becomes available once the divorce complaint is filed, and entitlement defenses do not apply. It is meant to ensure both parties can participate in the divorce on equal financial footing.

You cannot receive both spousal support and APL—only one applies at a time, depending on the stage of the divorce.

What Is Alimony?

Alimony is support paid after the divorce is finalized. It is not automatic and must be requested in the divorce proceedings. Courts will evaluate a number of factors to determine whether it is appropriate and how long it should last.

Factors for Alimony in Pennsylvania

Under 23 Pa.C.S. § 3701, the court considers:

• Duration of the marriage

• Income and earning capacities

• Age and health of the parties

• Contributions to the marriage (including as homemaker)

• Standard of living during the marriage

• Marital misconduct (only for alimony—not support or APL)

• Needs of the party seeking alimony

• Ability of the other party to pay

There is no fixed formula for calculating alimony. It is discretionary and fact-specific.

Can Support Orders Be Changed?

Spousal support and APL generally end when the divorce is finalized. Alimony orders, however, may be modifiable if there is a substantial change in circumstances, unless the parties agree otherwise in writing.

Conclusion

Spousal support, APL, and alimony serve different legal purposes at different stages of the divorce. If you are unsure about what type of support may apply in your situation, it is important to consult with a knowledgeable divorce attorney who can help you understand your rights and options.

Disclaimer: This blog post is for informational purposes only. It does not constitute legal advice and does not create an attorney/client relationship.

Ludwig, Everett & Tomb, PLLC serves clients throughout Indiana County and Western Pennsylvania in divorce, support, and family law matters.