Rather, they are based upon the earning potential of the divorcing couples and aims to address where there is an imbalance or unfair divide. Recently the Superior Court considered a case in which a party died during the pendency of a support action. Temporary alimony: This particular kind of spousal support is also known as alimony pendente lite and is ordered when you and your spouse are separated prior to a divorce being completed. Alimony, spousal support and alimony pendente lite (APL), are three similar but separate concepts in Pennsylvania Support Practice. Alimony is a regular payment made to a spouse during the pendency of a divorce (alimony pendente lite) or a payment scheduled put in place after a divorce is finalized. Calculating Spousal Support and Alimony Pendente Lite. APL is short for alimony pendente lite which translates to alimony while the divorce is pending. Alimony Pendente Lite (APL) is similar to spousal support, but with two main differences. Posted in Divorce, Practice Issues, Support. Alimony pendente lite (also called APL). "Pendente lite" is a Latin phrase meaning pending the litigation. Such is referred to as pendent lite alimony. This is due in large part to the fact that they are calculated the same way. Unlike long-term alimony, there are few defenses to alimony pendente lite, except if the parties’ incomes are similar or there is a large amount of child support due. • Alimony Pendente Lite (APL) Secure The Resources You Need To Get Through Your Divorce If you’re facing a divorce and your soon-to-be ex-spouse is the primary breadwinner between the two of you, you are likely counting on receiving either child support or spousal alimony to … As such, the payer spouse cannot raise the entitlement defenses available in spousal support actions. Types of Alimony. An action for alimony pendente lite can only be commenced after the filing of a divorce action, and unlike spousal support, there are no entitlement defenses to the entry of an Order for alimony pendente lite provided the guideline calculations indicate that there is financial basis for alimony pendente lite. Spousal support and alimony pendente lite are calculated according to a set formula. Keep in mind again that the issues in a pendente-lite alimony decision are limited to need and ability to pay. In these cases, a client may be advised to seek to Alimony Pendente Lite. Second, the entitlement defenses that may be applicable in a spousal support action are not available in an APL action. Alimony Pendente Lite, or APL, is a type of spousal support granted prior to the entering of the PA divorce decree. The person paying support has a right to raise an entitlement defense if you were at fault in causing the break-up of the marriage. The spouse ordered to pay alimony pendente lite cannot raise the entitlement defense at this time. The court when appropriate and requested may grant alimony right away and while the litigation is ongoing. Spousal support will usually be converted into alimony pendente lite (APL) automatically. You have corrected this article This article has been corrected by You and other Voluntroves This article has been corrected by Voluntroves $ Close Captcha. Under Pa law, the term alimony refers to post-divorce payments. The Financial Statement Game. Showing Entitlement in Order to Receive Alimony Pendente Lite - Read the Family Law legal blogs that have been posted by James W. Cushing on Lawyers.com Pennsylvania law requires that spouses support each other. Our family attorneys are well-versed in Pennsylvania’s laws regarding financial support received by or paid to and for the benefit of a spouse, or ex-spouse. Drug Charges; Driving Under the Influence (DUI) Violent Crimes; Investigations; SPOUSAL SUPPORT / ALIMONY PENDENTE LITE AND ALIMONY. They refer to payments made during the separation periods between spouses prior to the conclusion or the finalization of a … We will not advocate for you in an area we are not experienced in. Alimony Pendente Lite; Annulments; Divorce; Equitable Distribution; Reviews; Contact; Blog; Services. The Pennsylvania Support Guidelines provide a simple formula for determining spousal support. But spousal support, alimony pendente lite and alimony have nothing to do with gender. This is a very basic description of spousal support and alimony pendente lite. Unlike regular alimony, Alimony Pendente Lite is not determined by the “bad behavior” of the paying spouse. The purpose for APL in Pennsylvania is to financially permit both spouses to move on with the divorce action by defending against or pursuing claims. The purpose of APL is to allow the lower earning party to have money made available to them during the trial. If you have a divorce, custody, child support, spousal support, alimony pendente lite, alimony, property settlement agreements, protection from abuse or Qualified Domestic Relations Orders (QDRO's) issue, trust that Ms. Risoldi will work hard for you to achieve the best possible result with the least expense and upset to your and your children's lives. Krakovsky, supra. The Court may make an Alimony Pendente Lite award retroactive to the time the original request was filed with the Court. Alimony Pendente Lite varies from state-to-state, and some states are more lenient than others regarding Alimony Pendente Lite regulations. By Aaron Weems on May 17, 2015. You can request alimony pendente lite even if you’ve provided grounds for the divorce. Our team of dedicated legal professionals is well-versed in many specialized areas. There are some defenses to spousal support which we can explain to you to determine if an award of spousal support is warranted. Law Services Serving Cranberry Township, PA . It should also be noted that a party can receive either spousal support or alimony pendente lite – not both. In Northampton County, this is capped at two years unless an extension is applied for and approved by the court. Alimony. Alimony pendente lite (APL) — Provides interim relief while a divorce action is pending. Alimony is post-divorce support and is awarded in a divorce based upon the alimony factors. Alimony Pendente Lite. Alimony pendente lite (APL) is available after the filing of a divorce complaint but before the parties are divorced. When Judge Jones … However, there are tricky issues that can arise in these cases. In divorce proceedings, the court has the power to order one spouse to pay alimony or support to the lower earning spouse spouse. “Pendente Lite” is a Latin phrase meaning “pending the litigation” and that’s exactly what APL is, support during litigation. Pendente lite is latin for “during litigation.” It is also commonly referred to as “Temporary Alimony.” For example, a hypothetical husband leaves his wife and their children. There is virtually no defense to a claim for Alimony Pendente Lite, and a party otherwise not entitled to spousal support may be entitled to Alimony Pendente Lite once the divorce action is filed. The Certification is accompanied by a "Case Information Statement:" a document that outlines your respective incomes, assets, and monthly expenses. SUPPORT ARREARAGES SURVIVE THE DEATH OF THE PAYOR. Alimony, Alimony Pendente Lite, & Spousal Support. In fact, alimony pendente lite Florida is a form of short term alimony awarded while the marital dissolution case is pending and is intended for support during the length of the case itself (hence the word pendente). Specifically, during the pendency of action filed for: Legal Seperation, Divorce, or; Termination of domestic partnership. In cases where ANY type of alimony is being requested (including pendente-lite alimony) the long form is required. The husband disputed the wife’s need for alimony because she had moved in with her mother. Often, these two terms for support between spouses are used interchangeably. Alimony in PA or support is The wife filed a motion seeking pendente lite alimony which she contended that she needed alimony in order to maintain the marital lifestyle and standard of living, which she had not been able to maintain at the same level as the husband, because he was not paying support. Spousal support is raised by a petition and is subject to certain “entitlement defenses”. Alimony pendente lite is intended to permit the dependent spouse to prosecute or defend the divorce action, regardless of the merits of the case or its ultimate outcome. In the divorce case for Moser v. Ronald R. Renninger, et al., No. Pendente Lite Alimony is Alimony paid while the litigation is ongoing and is of a temporary nature. APL support must be requested as part of the divorce action, preventing the higher-earning spouse from raising defenses. Alimony Pendente Lite sounds like an auto insurance company, or a caricature from some foreign language film nominated for an Oscar Award. Alimony can be part of a prenuptial agreement or a marriage settlement agreement or it can be ordered by a judge following a hearing. It is important to note that spousal support does not require the filing of a Divorce Complaint, however one should be mindful of the various defenses available to the paying party. When people think of payments made to an ex-spouse, they typically think of alimony. Subscribe to Alimony Pendente lite. There is no entitlement defense as in Spousal Support. Spousal support can be sought when the parties are separated and potentially before a divorce matter is pending. In other words, even if the spouse seeking APL has committed adultery or has abandoned the marriage without a just cause, that spouse may be entitled to APL payments. Alimony Pendente Lite is usually part of the negotiations that are held at the beginning of the divorce proceedings. Just like spousal support, the dependent spouse files a complaint for APL with domestic relations, the method to calculate APL is the same as spousal support, and it terminates upon the entry of a divorce decree. Pendente lite support awards are established through the submission of a document called a "Certification," which sets forth the factual circumstances of your financial lifestyle. PENDENTE LITE ALIMONY. First, a divorce action must be pending for a spouse to file and receive APL. : 1872 - 1947), Fri 26 Feb 1932, Page 9 - ALIMONY PENDENTE LITE. In Lehigh County, the two-year cap is not automatically applied by the court. The Telegraph (Brisbane, Qld. Both Spousal Support and APL are calculated in the same way. The major difference between spousal support and APL is the timing. Already got … In Pennsylvania, spousal support and APL are interchangeable terms. Criminal Defense. However, the defense of lack of entitlement is not available in an alimony pendente lite action because the purpose of alimony pendente lite is different from that of spousal support. The purpose of alimony pendente lite is to preserve economic equality between the parties pending the resolution of equitable division, thereby allowing the dependent spouse to maintain or defend the divorce action. Alimony Pendente Lite is commonly referred to as APL. ... Also, marital misconduct is not a defense to APL. On the other hand, alimony pendente lite (APL) must be plead within the divorce complaint, must also be raised by a petition, is not subject to “entitlement defenses” and is designed to put the parties on equal footing during the pendency of a divorce. Alimony pendente lite literally is money that is paid to the dependent spouse during the pendency of a divorce. Spousal support can … Support paid to a financially dependent spouse after the Divorce Complaint has been filed with the family courts. There is no “entitlement defense” for alimony pendente lite. Alimony pendente lite is awarded only after a divorce has been initiated. 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