Alimony Attorney in Pittsburgh

Representation for Spousal Support & Alimony Cases in Allegheny County, Pennsylvania

Sometimes, after a marriage ends through divorce (or is in the process of ending), one of the spouses is left unable to support themselves financially. In these cases, it may be appropriate for the higher-earning spouse to make periodic payments to the financially dependent spouse. These payments are referred to as alimony or spousal support.

Occasionally, spouses can amicably agree on support payments, deciding on terms like duration and amount themselves. However, this is not always possible, and often the dependent spouse may need to request a Family Court judge's intervention to issue an order for support. Understanding your rights and obligations under Pennsylvania law is crucial in these situations, making legal counsel invaluable. Our team at Notaro Epstein Family Law Group, P.C. assists clients in navigating these cases, ensuring their financial and personal interests are well represented.

Need an alimony attorney in Pittsburgh? Want to learn more about Pennsylvania alimony?  Call (412) 281-1988 or contact us online for a consultation!

Types of Alimony in Pennsylvania 

In Pennsylvania, there are three different types of support: 

• Spousal support
• Alimony pendente lite (APL)
• Alimony 

The main difference between the three types of support orders is when the court will grant them. For those embarking on this complex journey, understanding the timing and requirements of each type can greatly affect the outcome of your case. Seeking guidance from our seasoned team can help steer your strategy effectively. We offer personalized consultations to discuss which type of support might be appropriate given your unique circumstances, helping you to make informed decisions.

Alimony Pendente Lite (APL)

An order granting Alimony Pendente Lite (APL) requires the higher-earning spouse to make periodic support payments to the financially dependent spouse during the divorce proceedings. A financially dependent spouse can ask the court for APL any time after a complaint in divorce has been filed, but before the divorce is finalized. The main purpose of this type of support is to "even out the playing field" and to ensure that the financially dependent spouse has enough money to litigate the divorce. Because APL is founded on this purpose, the order will only last until the divorce is finalized. To continue receiving support payments, the financially dependent spouse would have to ask the court for alimony (see below).

As with spousal support, if the court decides to grant APL, it will determine the amount by using a mathematical calculation based on fixed percentages and the net incomes (or earning capacity) of the parties. Unlike for spousal support, however, claiming that your financially dependent spouse cheated on you will not get you out of paying. Acts that constitute a fault-based ground for divorce cannot be used as a defense to paying APL. If you have any questions about whether APL is a possibility in your case, we can help. Contact us today.

About Alimony in Pennsylvania

Alimony is a court order that requires the higher-earning spouse to make periodic support payments to the financially dependent spouse after the divorce has been finalized. In Pennsylvania, a court will only award alimony if it finds that it is necessary. Unlike the other two forms of support, there is no mathematical formula to calculate a spouse's eligibility for alimony or the amount of alimony that he or she would be entitled to. 

Rather, in determining the necessity, nature, amount, and duration of alimony, the court will consider all relevant factors, including:

• The relative earnings and earning capacities of the parties
• The ages and the physical, mental, and emotional conditions of the parties
• The sources of income of both parties (e.g., medical, retirement, insurance, or other benefits)
• The expectancies and inheritances of the parties
• The duration of the marriage
• The contribution by one party to the education, training, or increased earning power of the other party
• The extent to which the earning power, expenses, or financial obligations of a party will be affected by reason of serving as the custodian of a minor child
• The standard of living of the parties established during the marriage
• The relative education of the parties and the time necessary to acquire sufficient education or training to enable the party seeking alimony to find appropriate employment
• The relative assets and liabilities of the parties
• The property brought to the marriage by either party
• The contribution of a spouse as a homemaker
• The relative needs of the parties
• The marital misconduct of either of the parties during the marriage
• The Federal, State, and local tax ramifications of the alimony award
• Whether the party seeking alimony lacks sufficient property to provide for the party's reasonable needs
• Whether the party seeking alimony is incapable of self-support through appropriate employment

If the court decides to grant alimony, it can order that the payments last for a specified period of time or can simply order that they last indefinitely. In either case, the judge will choose a duration that is reasonable under the circumstances. A common misconception is that a spouse will receive one year of alimony payments for every three years the couple was married. While some counties in Pennsylvania may favor this approach, it is NOT the law. There is no bright-line rule for calculating the duration of alimony payments. Rather, if the parties cannot reach an agreement on their own, the court will decide how long alimony should last based on the specific circumstances of the parties. The duration of alimony may also depend on the type of alimony that is awarded.

Pennsylvania Spousal Support Explained

Spousal support is a court order that requires one spouse to make periodic payments to the other before anyone has filed for divorce. Yes, you read that correctly. The financially dependent spouse doesn't need to wait until they file for divorce, but rather, can file for spousal support after the parties have separated. The order will only last for as long as the parties are separated and will end once a spouse files for divorce. However, spousal support may automatically convert into APL (see below), in which case, payments will continue.

It is also important to note that eligibility for spousal support can be impacted by factors such as cohabitation with another partner or fault-based grounds for divorce. Understanding these nuances is essential for both the paying and receiving spouses. At Notaro Epstein Family Law Group, P.C., we help clients navigate these complexities, ensuring their interests are preserved and their legal rights upheld. Whether you are negotiating terms or contesting eligibility, having clear, strategic insight is crucial.

Local Insights on Alimony Law in Allegheny County

Alimony and spousal support laws in Allegheny County can differ from those in other parts of Pennsylvania due to local court mandates and practices. Those involved in spousal support cases must access legal representation familiar with these local nuances. The court considers diverse factors when determining alimony awards, which can range from the length of a marriage to the financial status of each spouse post-divorce. The role of an experienced local attorney is to interpret these rules in light of your personal situation, advocating effectively for your needs within the Allegheny County judicial system.

Local court trends can also influence alimony outcomes. For instance, Allegheny County judges may weigh asset distribution differently than other regions, leading to unique settlement structures. Attorneys at Notaro Epstein Family Law Group, P.C. possess in-depth knowledge of these localized patterns, supporting clients through every step of the process to achieve equitable results that honor both legal expectations and personal circumstances.

Navigating the Legal Landscape of Allegheny County

Living in Allegheny County provides residents with access to a comprehensive legal system supported by experienced professionals at Notaro Epstein Family Law Group, P.C.. Our local presence is enhanced by our familiarity with the county’s judicial environment, where we are committed to presenting compelling cases for our clients. Understanding local statutes, judges' preferences, and courthouse procedures gives our clients an advantage, setting them up for more successful outcomes.

With a strong history of serving the Allegheny County community, we understand the common challenges individuals face, from legal complexities to emotional upheaval during divorce proceedings. Our personalized approach is designed to provide tailored legal strategies that reflect both the legal landscape and the personal aspects of your case, ensuring that your rights and financial interests remain secure.

FAQs

What is rehabilitative alimony?

Rehabilitative alimony is granted to allow the financially dependent spouse to obtain the education or skills necessary to support themselves. In other words, a court can order rehabilitative alimony to allow the financially dependent spouse to get back on his or her feet. The duration of this type of alimony can vary depending on the specific amount of time the financially dependent spouse needs to be "rehabilitated." For example, the court can order rehabilitative alimony until the financially dependent spouse gets his or her undergraduate degree. The court also has the discretion to order rehabilitative alimony for a specific amount of time (e.g., six years). 

What is permanent alimony?

Permanent alimony will require the paying spouse to continue making alimony payments for the rest of the dependent spouse's life. However, don't be fooled by the word "permanent." Alimony, by its nature, is modifiable (see below.) Thus, even though an order for permanent alimony appears on its face to be indefinite, it is still subject to modification and termination. 

What is reimbursement alimony?

Reimbursement alimony is when the court orders one spouse to reimburse the other for money spent during the marriage for the benefit of the paying spouse. For example, if one spouse paid for the other spouse's graduate education, a court may grant reimbursement alimony. This type of alimony will usually only last until the other spouse has been reimbursed.

How long is the Duration of Alimony Payments in PA

The length of Pennsylvania alimony payments depends on which type of alimony is being paid out.

• Spousal support is paid during a married couple's separation period. Spousal support will also cease if the parties reconcile or if the receiving spouse begins cohabitating with another partner.
• Alimony pendente lite, or APL, is paid to the lower-earning spouse in the interim between when the divorce is filed and ends when the divorce is finalized.
• Alimony is paid after the divorce to the lower-earning spouse for a period determined by factors such as the length of the marriage, the value of the marital estate, the division of marital property, and the paying spouse's separately owned assets.

Beyond understanding duration, it's vital to comprehend the criteria that influence these timeframes. Courts examine numerous factors when deciding the length of alimony, including the lifestyle maintained during the marriage and the need for ongoing support post-divorce. Having a knowledgeable attorney to advocate for your needs can make a significant difference in the court's decision.

How Is Spousal Support Calculated in PA?

If the court decides to issue an order for spousal support, the amount of the payments will be calculated by using a mathematical formula.

• The difference in the parties' net incomes is multiplied by 30% if there is already a child support order in place
• The difference in the parties' net incomes is multiplied by 40% if there is no child support order currently in place
• The resulting number is the amount that the higher-earning spouse will be ordered to pay

There are also some other factors that a court might consider in deciding whether a specific case requires the court to deviate from this formula (e.g., the standard of living during the marriage, other support orders, etc). As you can see, even in the simplest form, calculating spousal support can be extremely confusing. If you have any questions about spousal support or Pennsylvania alimony, the experienced Pennsylvania alimony attorneys at Notaro Epstein Family Law Group, P.C. can help. Contact us today.

How Can an Alimony Lawyer Help Me?

An alimony lawyer can be a valuable ally during and after a divorce, providing several critical services to help you navigate the complexities of spousal support. 

First, they offer expert advice on your rights and obligations concerning alimony, ensuring you understand what you might be entitled to or required to pay. They can help you negotiate fair alimony terms, whether you're seeking support or being asked to provide it, aiming for an arrangement that considers both parties' financial situations and needs. 

If negotiation isn't possible, an alimony lawyer can represent you in court, presenting evidence and arguments to support your case and advocating for a fair decision.

Additionally, an alimony lawyer can assist with modifying existing alimony orders if there are significant changes in circumstances, such as a change in income or employment status. 

They can also help enforce alimony payments if your ex-spouse fails to comply with court orders. By working with an alimony lawyer, you can ensure that your interests are protected and that the alimony process is handled smoothly and effectively. Have questions? Call our firm today to speak to an attorney.

Contact our trusted alimony lawyer in Pittsburgh at (412) 281-1988 to schedule a free consultation.