Pittsburgh Spousal Support

Alimony Pendente Lite (APL) and Alimony
Alimony Pendente Lite is commonly referred to as APL and means "alimony pending the litigation". APL is the support obligation received by one spouse from the other spouse during the pending divorce action. The purpose of APL is to provide the dependent spouse with the financial means to support themselves and defend against the pending divorce action.

APL is only available during the pendency of the divorce action. Once a divorce decree is entered any obligation to support the other spouse, if any exists, becomes alimony. A party can not receive both APL and Alimony simultaneously.

The amount of Support that a party is required to pay is determined, in most cases, by the uniform statewide Guidelines. In awarding alimony the Court is not limited to considering the actual income of the parties, but will also take into consideration the total assets of the parties and each parties earning capacity ². The Court will consider a variety of factors before making an award of alimony. Pennsylvania law provides 17 factors for the Court to consider when considering an alimony award. Those factors include, but are not limited to the following:

a. The relative earning and earning capacities of the parties;

b. The ages and physical, mental, and emotional condition of the parties;

c. The sources of income of each party, including but not limited to medical, retirement, insurance and other benefits;

d. The expectancies and inheritances of the parties;

e. Duration of the marriage;

f. Contribution by one party to the education, training or increased earning power of the other party;

g. Property brought to the marriage by either party;

h. Contribution of the spouse as a homemaker;

i. The relative needs of the parties and the tax ramifications of an award.

There are significant tax implications for both parties that arise from payment and receipt of APL and/or Alimony. Payment of Alimony and/or APL is always a tax deduction for the paying spouse and is always income to the receiving spouse. If you are the recipient of either form of spousal support it is imperative that you treat those payments as income from which taxes should be withheld.

² Age, education, training, health, work experience and child care responsibilities are factors which shall be considered in determining earning capacity. Grimes v. Grimes, 408 Pa. Super 158