Karen Ann Ulmer, P.C.
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Posts tagged "alimony pendente lite"

APL

Alimony Pendente Lite, or APL, is spousal support while the divorce is pending. A party may petition for APL at the same time as the divorce complaint or any time thereafter prior to the entry of a final decree. The purpose of APL is to ensure each party has the ability to sustain themselves during the divorce. A party seeking APL should be ready to prove they lack sufficient property to provide for their reasonable means and are financially unable of self-support during the pendency of the divorce litigation. It is the income-dependent spouse who would have the opportunity to receive APL. The court may consider the duration of the marriage in making any award. This is to ensure one party does not benefit from a significant support award in the context of a very short marriage.

APL vs. Spousal Support

APL is short for alimony pendente lite which translates to alimony while the divorce is pending. Spousal support can be sought when the parties are separated and potentially before a divorce matter is pending. Often, these two terms for support between spouses are used interchangeably. This is due in large part to the fact that they are calculated the same way. Both forms of support are based on the difference in the spouses' incomes. Pursuant to Pennsylvania Rule of Civil Procedure 1910.16-4, without children, spousal support or APL is 40% of the difference of the net incomes of the parties. If there is also a child support order, spousal support or APL will only be 30% of the difference of the net incomes. Additionally, both forms of support are generally retroactive to the date of filing. However, the underlying purpose of the support award and potential defenses available distinguish APL from spousal support.

Support Exceptions

In a support matter, the incomes of the parties will be used to calculate an appropriate award based on the support guidelines applicable throughout the commonwealth. In the event there is a disagreement over the entry of an interim support order, a party has the option of filing exceptions. Pursuant to Pa. R.C.P. 1910.12, parties have twenty (20) days from the entry of an order to file exceptions. Exceptions may address objections to evidence, findings of facts, conclusions of law, or any other matters occurring during the hearing. Each issue should be raised separately as an exception. Each exception should be concise and without lengthy discussion. Issues that are not raised in the exceptions are deemed waived. Examples of appropriate exceptions would include claims that the incomes and/or expenses were not correctly calculated, special circumstances were not considered, or there was an error in assigning an earning capacity. It is not appropriate to file exceptions simply because you do not agree with the guideline amount.

Alimony Pendente Lite

Alimony Pendente Lite, or APL, is spousal support while the divorce is pending. A party may petition for APL at the same time as the divorce complaint or any time thereafter prior to the entry of a final decree. The purpose of APL is to ensure each party has the ability to sustain themselves during the divorce. A party seeking APL should be ready to prove they lack sufficient property to provide for their reasonable means and are financially unable to support themself during the pendency of the divorce litigation. It is the income-dependent spouse who would have the opportunity to receive APL.

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