Berks County, Pennsylvania Spousal Support and Alimony Attorneys Near Reading, PA

Spousal Support is money paid to the other spouse after separation and before either spouse files for divorce. Pennsylvania provides a formula for determining the amount of Spousal Support based upon reasonable needs. But the court may adjust the calculated amount if there are unusual expenses or needs. The amount may also be impacted by marital misconduct that occurred before the separation.

The Latin term Pendente Lite (pronounced pen-den-tay lee-tay) means awaiting (or pending) the litigation. The purpose of Alimony Pendente Lite (APL) is to assure the dependent spouse has the resources to defend themselves in the divorce action. Marital misconduct is not a factor in an APL award. Alimony Pendente Lite is money paid to the dependent spouse by the independent spouse from the date the divorce is filed until the date the divorce is finalized. It is determined Pursuant to Pennsylvania Rule of Civil Procedure 1910.16-4.

• Without children, spousal support or APL is 40% of the difference of the net incomes of the parties.
• If there is also a child support order, spousal support or APL will is 30% of the difference of the net incomes.

Alimony are payments made to the income-dependent spouse from the income-independent spouse after the divorce is finalized. Spouses can negotiate the amount and duration of alimony. If they can't come to an agreement the court will make the determination. The amount and duration of the alimony payments can vary greatly in cases involving couples in the exact same situation depending on the jurisdiction in Pennsylvania or even between judges in the same jurisdiction. The judge uses the following subjective guidelines to determine alimony.

1. The relative earnings of both spouses. 
2. The duration of the marriage.
3. The ages and physical, mental and emotional states of the two spouses.
4. The sources of income of both spouses. This includes medical, retirement, insurance or other benefits.
5. The expected future earnings and inheritances of the two spouses.
6. The degree to which one spouse has contributed to the other spouse’s education, training or increased earning potential.
7. The degree to which a spouse will be financially affected by their position as the custodian of a minor child.
8. The standard of living of the spouses established during the marriage.
9. The relative education of the parties. This also considers the amount of time it would take for the spouse seeking alimony to acquire the education or training necessary to find employment.
10. The relative assets and liabilities of the two spouses.
11. The property each spouse brought to the marriage.
12. The degree a spouse contributed as a homemaker.
13. The relative needs of the two spouses.
14. The marital misconduct of either of the spouses during the marriage. “Abuse” is in this context shall have the meaning given to it under Section 6102.
15. The federal, state and local tax consequences of the alimony.
16. Whether the spouse seeking alimony lacks sufficient property, including items in Chapter 35 relating to property rights, to provide for their reasonable needs.
17. Whether the spouse seeking alimony is incapable of supporting themselves through appropriate employment.