ALIMONY

Alimony in Pennsylvania is determined based on various factors that assess the financial needs and resources of both spouses. Key considerations include:

• Duration of the Marriage: Longer marriages may result in longer or more substantial alimony payments.
• Earning Potential: The difference in income and earning capacity between the spouses is a critical factor in determining alimony.
• Financial Needs and Standard of Living: Courts aim to ensure that both spouses can maintain a standard of living similar to what they enjoyed during the marriage.
• Contributions to the Marriage: Non-financial contributions, such as homemaking or supporting a spouse’s career, can also influence alimony decisions.

Our attorneys at M.L. Martin & Furnace, LLC will walk you through these factors and work to achieve an outcome that protects your financial future.

Alimony cases can be complex and emotionally charged. Whether you are seeking alimony or are required to pay it, our legal team is here to help you navigate the process. We offer services in:

• Alimony Negotiation: We negotiate on your behalf to ensure a fair and reasonable alimony agreement that meets your financial needs or protects your assets.
• Modification of Alimony Orders: If circumstances change—such as income, employment status, or living arrangements—we help you seek modifications to existing alimony orders.
• Enforcement of Alimony Orders: If your former spouse is not complying with court-ordered alimony payments, we assist in enforcing the order to ensure you receive the support you are owed.
• Termination of Alimony: In cases where alimony obligations should end due to significant life changes (such as remarriage or retirement), we help navigate the legal process to terminate payments appropriately.

At M.L. Martin & Furnace, LLC, we strive to secure fair alimony agreements that reflect your best interests, whether you are the payor or recipient.

Spousal Support is financial assistance one spouse provides to the other during the period when the couple is legally separated but before a divorce is finalized. Its intent is to bridge the financial gap so the lower-earning spouse can uphold a way of life comparable to what they had during the marriage during the separation period.

• When it applies: Spousal support is typically ordered when the spouses are living separately but have not yet filed for divorce or while the divorce process is pending.
• Purpose: To help the dependent spouse during separation and maintain their standard of living.
• Criteria for Spousal Support: The court considers the needs of the dependent spouse, the ability of the paying spouse to pay the support, and other factors like the length of the marriage, each spouse’s income, and the circumstances of the separation.
• Duration: Spousal support ends once the divorce is finalized or when the parties reconcile.

Alimony Pendente Lite (APL) is financial support awarded to one spouse during the divorce proceedings (while the divorce is still pending) to ensure that the spouse is afforded the ability to maintain a similar standard of living throughout the divorce process.

• When it applies: APL is awarded during the divorce proceedings but before a final divorce decree is issued. It is a temporary form of support that allows the dependent spouse to support themselves financially while the divorce case is ongoing.
• Purpose: To maintain the dependent spouse’s standard of living during the divorce process, as the legal and financial aspects of the divorce may take time to resolve.
• Criteria for APL: A court considers the income and financial needs of both parties. Unlike spousal support, APL is designed to address the immediate financial needs of the dependent spouse while the divorce is still in progress.
• Duration: APL lasts until the final divorce decree is issued, at which point it ends, and other forms of support (such as alimony) may be considered.

Alimony is financial support awarded after the divorce has been finalized. It is intended to help the lower-earning spouse become financially independent post-divorce. Alimony is not automatic and is awarded based on a variety of factors.

When it applies: Alimony is awarded after a divorce is finalized, either in the divorce decree or by court order.

Purpose: Alimony is intended to support a spouse who may be unable to support themselves immediately after divorce, whether due to health issues, lack of income, or a significant difference in the parties’ financial circumstances. It is designed to help the recipient spouse maintain a similar standard of living post-divorce.

Criteria for Alimony: The court considers a range of factors, including the length of the marriage, the standard of living throughout the marriage, the recipient spouse’s needs, the paying spouse’s ability to pay, and the recipient spouse’s ability to support themselves. Alimony may be rehabilitative (temporary) or permanent, depending on the circumstances.

Duration: Alimony can be temporary (rehabilitative) or permanent. Permanent alimony is rare and usually reserved for long marriages or situations where the recipient spouse cannot become self-sufficient due to age, health, or other factors.

Spousal Support is awarded during separation before a divorce is filed or finalized and typically ends when the divorce is finalized.

Alimony Pendente Lite (APL) is temporary support provided during the divorce proceedings to maintain the dependent spouse’s standard of living while the divorce case is ongoing.

Alimony is awarded after a divorce is finalized and is intended to provide long-term support to a spouse who may not be able to support themselves. It can be temporary (rehabilitative) or permanent, depending on the circumstances.

Summary of the Timeline:

• Spousal Support: Awarded before a divorce is finalized (during separation).
• Alimony Pendente Lite: Awarded during the divorce process (before the final decree).
• Alimony: Awarded after the divorce is finalized (long-term support).

Each of these forms of support is intended to serve different purposes during different stages of the relationship or divorce process. If you’re dealing with any of these issues, it’s always best to consult with our family law attorneys to understand how these types of support may apply to your specific situation.