What is Alimony Pendente Lite?
Alimony can be awarded to a spouse in need of financial assistance to meet their living expenses after a divorce. However, Pennsylvania law also recognizes the right of a spouse to receive financial support while the divorce is still happening. This is known as alimony pendente lite. It is awarded to one spouse during the divorce process to help them meet their financial obligations when they can’t afford to do so on their own.
There are two types of support that can be ordered before a divorce becomes final. The first and most common type is spousal support. Spousal support is paid by one spouse to the other after the parties have separated but before the divorce petition is filed. The other type of alimony is alimony pendente lite, which is paid after a divorce is filed but before the divorce is completed.
Both alimony pendente lite and spousal support are meant to provide “care, maintenance, and financial assistance” for a spouse who is otherwise economically dependent on the other spouse. In the majority of cases, these types of support will be awarded when there is a substantial difference between the spouses’ relative income levels. The amount of spousal support or alimony pendente lite awarded is usually calculated according to the Pennsylvania State Support Guidelines. The spouse will need to prove that they have a need for alimony and that the other spouse can pay the alimony award.
What is alimony pendente lite?
Alimony pendente lite is a type of spousal support that Pennsylvania allows which is paid to a lower-earning spouse by a higher-earning spouse while a divorce is pending. It functions to financially equalize the spouses during the divorce process so that they can both pursue the divorce without financial encumbrance. It can also help cover the costs of legal fees.
Alimony pendente lite is calculated based on a formula that considers the income of both spouses. In the majority of cases, alimony pendente lite is calculated as 40% of the difference between the net incomes of the spouses. If there are children present in the marriage, then the amount is usually reduced to 30% of the difference between their net incomes.
Alimony pendente lite begins when the divorce case is opened and ends upon the final dissolution of the marriage.
What factors does the court consider when awarding alimony pendente lite?
The court considers several factors when awarding alimony pendente lite. These include:
- Duration of the marriage – The longer the marriage, the better the case for receiving alimony. There is no minimum length of time, however.
- Standard of living – The standard of living the spouses established during the marriage.
- Relative earning and earning capacity – A primary factor is the relative earning capacity of both spouses.
- Assets and liabilities – The relative assets and liabilities of the parties.
- Income – For alimony purposes, income includes income from any source, not just a person’s job.
- Needs of the parties – The court must determine whether one spouse has a need for alimony.
- Contributions – Contributions made by each spouse during the marriage (not necessarily financial contributions).
- Potential for economic harm – What would happen if one spouse is not awarded alimony.
- Prenuptial agreements – Whether alimony is addressed in a prenuptial agreement.
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