Pennsylvania law dictates spouses have an obligation to support one another financially. This obligation does not cease if the parties separate. If couples in Pennsylvania are separating in anticipation of divorce, either party may petition the court to order the other to assist financially. The money that a person pays while separated from a spouse is called spousal support and is classified differently than money a person pays after the divorce is final.
Spousal Support v. Alimony
Pennsylvania law divides payments between spouses into two categories, based on the couple’s relationship:
- Spousal support: money paid from one spouse to another when the parties are separated
- Alimony: money paid from one spouse to another after the parties’ divorce is final
If one of the parties gets a spousal support award, the paying spouse must continue to pay until the divorce is final, which occurs when the court grants the Decree in Divorce.
Calculating Spousal Support Awards
In general, if the couple cannot agree on an amount for spousal support, the court will calculate the award in the following manner:
- Determining the paying spouse’s monthly net income
- Subtracting support, alimony pendente lite (Latin for “while the action is pending”) or child support or alimony obligations, if any, to children or former spouses
- Subtracting the recipient spouse’s monthly net income
- Subtracting the paying spouse’s total monthly child support obligation without adjustments relating to custody arrangements
- Multiplying the resulting amount by 30 percent
If the couple does not have children, the court will use the same calculation except without an adjustment for child support obligations. The court also multiplies the paying spouse’s monthly net income, minus adjustments, by 40 percent rather than 30 percent.
The Pennsylvania Supreme Court updates support calculation guidelines every four years. The most recent update occurred in January, 2010, and in it the court made two significant changes to spousal support calculations:
- The rules now allow judges to consider the length of the marriage when calculating a spousal support award to prevent the unfairness of having a short marriage where an award that lasts longer than the marriage itself.
- The rules used to allow for the judge to order an additional amount for spousal maintenance to help pay the mortgage on the marital residence, but the new rules limit this “Mortgage Deviation Credit.”
Consult an Attorney
The amount of a spousal support award can affect the amount of an alimony award, should the parties eventually divorce. It is wise for those who need spousal support while separated to consult with an experienced attorney who can ensure that they get the amount of support they need.
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