Spousal Support in Pennsylvania: What You Should Know Before and After Divorce

Spousal support is money paid by one spouse to the other after separation but before divorce. It may apply if:

• The spouses are separated but not yet legally divorced

• One spouse earns significantly more

• The lower-earning spouse needs financial help during the divorce process

Pennsylvania distinguishes between:

• Spousal Support – Paid after separation, before divorce is filed

• Alimony Pendente Lite (APL) – Paid after divorce is filed but before it's finalized

• Alimony – Paid after divorce is finalized

Each type has different eligibility rules and calculation methods.

Support is usually calculated using Pennsylvania’s statewide formula, which considers:

• The net income of both parties

• The difference in earnings

• Number of children (if applicable)

Basic Formula (No Children):

• 40% of the difference in net monthly incomes

With Children:

• 30% of the income difference after child support is calculated

However, the court may deviate from the formula based on special circumstances, such as health issues or excessive expenses.

Yes. Spousal support is not guaranteed. It can be denied if the requesting spouse:

• Committed marital misconduct (e.g., adultery) prior to separation

• Has sufficient means to support themselves

• Is cohabiting with a new partner in a way that resembles marriage

That said, APL cannot be denied based on marital fault. Its purpose is to ensure fair access to the legal process during divorce.

You can request support through your county’s Domestic Relations Office. The process typically includes:

1. Filing a formal complaint or petition for support

2. Providing financial disclosures (income, assets, expenses)

3. Attending a support conference or hearing

4. Receiving a support order based on state guidelines

An experienced family law attorney can help ensure your filings are complete and your financial picture is clearly presented.

The duration of support depends on which type is awarded:

• Spousal Support – Ends when divorce is filed (unless converted to APL)

• APL – Ends when the divorce is finalized

• Alimony – Begins after divorce and may be time-limited or ongoing

Support can also end earlier if:

• The recipient remarries or cohabits

• The payer loses the ability to pay (subject to modification)

• A court terminates the order