Alimony, Alimony Pendente Lite, & Spousal Support
Alimony Pendente Lite (APL), also referred to as Pendente Lite Alimony in some jurisdictions, is a specific type of support in Pennsylvania (PA) divorce laws. The Latin term “Pendente Lite” translates to “pending the litigation.” This type of support is hence awarded to the financially dependent spouse during the divorce proceedings, prior to the final decree.
You may encounter these terms when you’re reviewing your divorce documentation, specifically in the financial support sections. When you come across these terms, it’s crucial to ask questions such as: How long will the payments last? How much will each payment be? What factors were considered in calculating this amount? Understanding these details is paramount due to the significant and lasting financial implications these decisions can have on both parties involved.
The awarding of Alimony Pendente Lite is a serious matter, not only because it dictates financial support during the divorce proceedings but also because it can set a precedent for future support. It’s important to remember that the decisions made at this stage could potentially influence the final determination of alimony, post-divorce. Therefore, all parties should approach these decisions with a clear understanding of their rights and potential financial obligations.
What Is Alimony Pendente Lite?
During the ongoing divorce proceedings, temporary alimony, also known as pendente lite alimony, may be awarded to provide support until the divorce is officially finalized. Following the finalization of the divorce, there may or may not be a subsequent alimony order in place.
Factors the Petitioner has to Show to Apply for Alimony Pendente Lite
Some of these may include the standard of living established during the marriage, the relative earning capacity and financial resources of each party, as well as any potential economic harm if alimony is not awarded.
Other factors that may be considered are the duration of the marriage, contributions made by each party to the household and family, and any existing agreements between both parties.
The amount and duration of alimony pendente lite are determined on a case-by-case basis, taking into consideration the unique circumstances of each divorce. This allows for flexibility and fairness in awarding support while ensuring that both parties are able to maintain their standard of living during the proceedings.
Potential Implications
As mentioned earlier, the decisions made regarding alimony pendente lite can have long-lasting financial implications. In addition to providing temporary support during the divorce proceedings, it can also affect the final determination of post-divorce alimony.
If one party is awarded alimony pendente lite and later denied post-divorce alimony, they may face financial hardship and be unable to maintain their standard of living. On the other hand, if no temporary alimony is awarded but post-divorce alimony is granted, the receiving party may struggle financially during the divorce process.
Therefore, it is important for both parties to carefully consider their financial needs and potential outcomes before pursuing or agreeing to temporary alimony.
Possible Alternatives
In some cases, there may be alternatives to seeking alimony pendente lite. These can include negotiating a temporary support agreement between the parties, seeking a court-ordered advance on any potential post-divorce alimony, or utilizing assets such as retirement accounts or investments to cover expenses during the divorce process.
It is important for both parties to discuss their options with their respective attorneys and come to an agreement that works for both parties. This can help avoid unnecessary conflicts and litigation in the future.
Spouse Responsibility for Bill Payment During Divorce
At the beginning of a divorce, concerns arise regarding the expenses of the proceedings and the management of finances until a settlement is reached. This is especially true when one spouse oversees the accounts or there is a disparity in income. A common question that arises is, “Is my spouse obligated to cover the bills until our divorce is finalized?”. The answer may in part, be the application of pendente. However, while alimony pendente lite may cover some living expenses, it typically does not include all household bills or debts. In most cases, during a divorce in PA, both parties are responsible for paying their own bills during the divorce proceedings.
However, if one party cannot cover certain expenses on their own, they may be able to request temporary relief from the court. This can be done through a motion for temporary support or a petition for temporary financial relief.
It is suggested to track all expenses during the divorce process and discuss any financial struggles with your attorney. This will help ensure that both parties can maintain their standard of living and cover necessary expenses until a final divorce settlement is reached.
