Spousal Support

There are two types of spousal support available in Pennsylvania.

The most common type is Alimony. Alimony is a monetary award on a monthly or biweekly basis to a dependant spouse for a defined period of time, based on multiple factors including: the length of the parties marriage, the respective ability of each party to seek gainful employment, and whether the dependant spouse will require any training before being able to rehabilitate and re-enter the workforce, if previously not employed. Also the ages and health of the parties will be considered. Generally a short marriage may result in little or no Alimony, while a long marriage where the current earning capacity of each party is disproportionate, may be more likely to produce a longer and higher award.

The other type of spousal support is called Alimony Pendente Lite, or "APL" which essentially means alimony pending the action. This is used to put the spouses on a relatively level playing field during the pendency of a divorce action. The interim support allows the dependant spouse to pay their bills and maintain some amount of parity in their standard of living while they adjust to the loss of the income and support of the primary wage earner.

Equitable Distribution of Property

Depending on the ability of the divorcing parties to cooperate they may be able to enter into an agreement which takes into account the distribution of all marital assets. This option is often preferred by those people who wish to avoid having to resort to involving the court, and who wish to have greater control over the final agreement.

Other times the parties will not agree as to what is marital property, or the appropriate way to divide such assets, and in such cases the matter will need to be litigated. Note that "equitable" does not mean "equal". The court will look at a number of factors including the respective employment and earning capacities of each party, and may divide the assets "equitably" although one spouse may receive a more significant portion of the martial estate.

Generally "Marital Property" is comprised of any asset acquired by either spouse from the date of marriage through the date of separation. Also the increase in value of any asset owned by either party prior to the date of marriage is considered a marital asset unless specifically noted otherwise in a prenuptial agreement.

An inheritance received by one party during the marriage is generally a non-marital asset if it is kept separate from marital funds. However if an inheritance is co-mingled with marital assets the inheritance will generally be considered a marital asset. The most common instance is when one spouse receives and inheritance and uses that money to put a down payment on a house which is acquired after the date of marriage.

Another important concept to understand is the date of separation. This is the date which concludes the period of time during which assets are considered part of the marital estate. This can be marked by the date of filing of a Complaint in Divorce, or when one spouse moves out of the marital residence. However, two people can remain living in the same house and still be considered separated if they hold themselves out as such to friends and family. Also the closing of joint accounts is indicative of the desire to be "living separate and apart" which is the standard used by the court to determine whether there was an actual separation.

Once the date of separation is established it is easier to determine the value of marital assets since any increase in value of a premarital asset will be calculated as of the date of separation.

Protection from Abuse

A Protection from Abuse may be obtained by a current or former intimate partner, against the other if the person seeking the petition is in reasonable fear of bodily harm.

In the event that a person is physically assaulted or threatened with bodily harm, they can proceed to file a petition for Protection from Abuse.

Protection from Abuse or "PFA" can be obtained in Allegheny County by filing a Petition that is available at the court. Following the entry of a temporary PFA, a hearing for a Final PFA will be scheduled.



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