Pennsylvania Spousal Support & APL Calculator
*This is an estimate based on Rule 1910.16-4 guidelines.
How Pennsylvania Spousal Support is Calculated
In Pennsylvania, spousal support and Alimony Pendente Lite (APL) are calculated using a specific formula established by the PA Supreme Court. The primary goal is to provide a level of financial equity between the high-earner and the lower-earner while the divorce is pending.
The PA Support Formulas
The calculation differs depending on whether the couple has minor children. Note that "Net Income" refers to gross income minus federal, state, and local taxes, FICA, union dues, and non-voluntary retirement contributions.
- Without Minor Children: The formula is typically 40% of the difference between the payor's net income and the payee's net income.
- With Minor Children: The formula is typically 33% of the difference between the payor's net income and the payee's net income, after subtracting the child support obligation from the payor's income.
– Payor Net Monthly Income: $6,000
– Payee Net Monthly Income: $2,000
– Difference: $4,000
– Monthly Support (40%): $1,600
Key Factors Influencing the Amount
While the formula provides a "presumptive" amount, the court may deviate based on several factors:
- Duration of Marriage: Short-term marriages may result in shorter support durations.
- Standard of Living: The lifestyle established during the marriage is considered.
- Medical Needs: Significant health issues or insurance costs can impact the final award.
- Earning Capacity: If a spouse is intentionally unemployed, the court may "impute" income to them.
Spousal Support vs. APL vs. Alimony
It is important to distinguish between the three types of support in Pennsylvania:
1. Spousal Support: Paid after separation but before a divorce complaint is filed.
2. Alimony Pendente Lite (APL): Paid after a divorce complaint is filed until the divorce decree is granted.
3. Alimony: Paid after the divorce decree is granted, usually for a fixed duration based on various equitable factors.
Legal Disclaimer
This calculator provides an estimate based on the standard Pennsylvania Support Guidelines (Rule 1910.16-4). Every case is unique, and actual results may vary based on specific local court rules, tax implications, and judicial discretion. Consult with a licensed Pennsylvania family law attorney for precise legal advice.