How is spousal support or APL calculated in Pennsylvania?

Last updated October 26, 2026.

Pennsylvania uses one statewide formula for both. With no dependent children, the guideline amount is 33 percent of the paying spouse's monthly net income minus 40 percent of the receiving spouse's; with dependent children, it is 25 percent minus 30 percent, figured before child support (Pa.R.C.P. 1910.16-4(a)(1), Part B). That result is presumed correct, but it can be adjusted for listed factors, certain expenses and the low-income and high-income rules.

The formula is the same for spousal support and alimony pendente lite (APL); what differs is when each applies. Our family law page describes how we handle support cases in Media.

Where does the formula come from?

The Divorce Code says the court, "in proper cases, upon petition," may allow a spouse reasonable APL, spousal support, counsel fees and expenses (23 Pa.C.S. 3702(a)). The support law then requires that child and spousal support be awarded under a statewide guideline set by the Supreme Court, "so that persons similarly situated shall be treated similarly," with primary emphasis on the parties' net incomes and earning capacities (23 Pa.C.S. 4322(a)).

The Supreme Court's guideline rules apply that command to child support, spousal support and APL alike (Pa.R.C.P. 1910.16-1(b)). Spousal support and APL cannot be in effect at the same time (1910.16-1(c)(1)). Which one fits your stage, and how both differ from alimony after the decree, is explained in spousal support, APL or alimony. One statutory bar applies to both: a spouse convicted of a personal injury crime against the other is not entitled to spousal support or APL unless an order is needed to prevent manifest injustice (3702(b)).

How is the amount calculated, step by step?

The conference officer or judge fills in the worksheet in Rule 1910.16-4. For orders entered on or after January 1, 2019, the steps are these.

1. Gross income. Each spouse's monthly gross income is "ordinarily based on at least a six-month average," and it includes income from any source (Pa.R.C.P. 1910.16-2(a)).
2. Net income. Only listed items come off: income taxes, unemployment compensation taxes and the Local Services Tax, FICA and non-voluntary retirement payments, mandatory union dues, and alimony paid to the other party (1910.16-2(c)(1)).
3. Other families first. Child support, spousal support, APL or alimony the paying spouse owes to children or former spouses outside this case is subtracted from that spouse's net income (1910.16-2(c)(2)(i); Part B, line 6).
4. Apply the percentages. Multiply the paying spouse's available income by 33 percent, or 25 percent if there are dependent children. Multiply the receiving spouse's income by 40 percent, or 30 percent with dependent children (Part B, lines 8 and 11).
5. Subtract. The difference is the preliminary monthly amount. If it is less than zero, it is zero (line 13).
6. Add or subtract expenses. Certain additional expenses under Rule 1910.16-6, such as health insurance premiums or an above-threshold mortgage, can raise or lower the total (line 14).
7. Check the floor. The order may not leave the paying spouse below the self-support reserve, set at $1,255 a month (1910.16-2(e)(1)).
8. Consider deviation and duration. The trier-of-fact considers the deviation factors and, for spousal support or APL, the length of the marriage from the wedding to final separation (1910.16-5(b); 1910.16-1(c)(2)).

In Delaware County these numbers are worked out at Domestic Relations, where the conference officer must calculate and recommend a guideline amount (Pa.R.C.P. 1910.11(d)(1)); what happens in that room is covered in the support conference in Delaware County.

What does the worksheet look like with real numbers?

Here are the Part B lines for a hypothetical couple: the paying spouse nets $6,000 a month, the receiving spouse nets $2,000, and neither owes support to anyone else.

These are round, made-up figures, not a prediction of any order. Real incomes come from tax returns, pay stubs and the rules on what counts as income.

What counts as income for the formula?

The rule lists wages, salaries, bonuses and commissions; net business income; interest, rents and dividends; pensions; trust and estate income; Social Security, disability, workers' compensation and unemployment benefits; and lump sums such as lottery winnings (1910.16-2(a)). Public assistance and SSI are not counted (1910.16-2(b)(1)). Alimony or APL a party receives from a former spouse is included in that party's monthly net income if it was not already counted in gross income (1910.16-2(c)(2)(ii)).

If a spouse fails to obtain or keep appropriate work, the trier-of-fact imputes income equal to that spouse's earning capacity. The trier-of-fact must weigh factors such as child care, assets, work history, skills, education, age, health and the local job market; it may not impute more than one full-time position could earn; and it must state its reasons (1910.16-2(d)(4)). Income that is hidden in a business or moved around raises different questions, covered in what to do if your spouse hides money or assets.

What happens when there is child support too?

When there are dependent children, spousal support or APL is figured first at 25 and 30 percent. That amount is then subtracted from the paying spouse's income and added to the receiving spouse's before child support is looked up on the schedule (Part C, lines 17 to 19). The schedule step, and how parenting time changes it, are explained in how child support is calculated in Pennsylvania.

Two special cases come from the rule itself. If the children live with the spouse who owes spousal support, the court offsets that spouse's spousal support against the other parent's child support and awards the net difference (1910.16-4(e)). And with equally shared custody, if the calculation would leave the receiving parent with the larger share of the combined income, the court equalizes the incomes and does not award spousal support or APL (1910.16-4(c)(2)(iv)). How parenting time is divided is covered in the difference between legal and physical custody.

What changes the answer?

Low income. In a spousal support or APL case, if paying the guideline amount would leave the paying spouse below $1,255 a month, the amount is reduced until that spouse keeps the reserve (1910.16-2(e)(1)(iii)). With children, if the paying spouse's adjusted income falls in the shaded area of the child support schedule, no spousal support or APL is awarded (1910.16-2(e)(1)(iv)(C)).

High income. When the parties' combined monthly net income exceeds $30,000, the Part B formula is only a preliminary analysis. The trier-of-fact then considers the deviation factors, additional expenses and both spouses' expense statements, and must state its findings and reasons (Pa.R.C.P. 1910.16-3.1(b)).

The marital home. The guidelines assume the spouse living in the home pays the mortgage, taxes and insurance. If the receiving spouse lives there and that "mortgage" exceeds 25 percent of the receiving spouse's net income including support, the paying spouse may be required to cover up to half of the excess; if the paying spouse lives there, the order may be reduced (1910.16-6(e)). Who keeps the house in the end is a property question, covered in who gets the house.

Health costs. Health insurance premiums paid by either party are allocated between them (1910.16-6(b)), and the receiving spouse's unreimbursed medical expenses above $250 a year can be shared (1910.16-6(c)).

Deviation factors. Unusual needs and fixed obligations, other support obligations, other household income, assets and liabilities, standard of living and, for spousal support or APL, the length of the marriage can all justify a different figure. The trier-of-fact must state the guideline amount, the reason, the findings, the amount of the deviation and the duration (1910.16-5). How a new partner's income fits in is explained in whether dating or living with someone affects support.

An older order. When an order entered before January 1, 2019 is modified and the 2017 federal tax change does not apply to it, the court uses the older Part IV formula: 40 percent of the difference between incomes without children, or 30 percent of what is left after child support with children (1910.16-4(a)(2)).

The separation date. It ends the "duration of the marriage" the court weighs (1910.16-1(c)(2)); see why the date of separation matters.

For example: spousal support for a couple in Springfield

Here is a hypothetical. A couple in Springfield separate after 15 years. The husband nets $6,000 a month and the wife nets $2,000. She stays in the house with their one child, and the mortgage, taxes and insurance come to $1,500 a month.

Spousal support comes first, at the with-children percentages: 25 percent of $6,000 is $1,500, minus 30 percent of $2,000, which is $600, for a preliminary $900 a month. For child support, his income becomes $5,100 and hers $2,900, for a combined $8,000. The schedule in Rule 1910.16-3 lists $1,438 for one child at that combined income, and his share is 63.75 percent, or about $917. Together that is about $1,817 a month before add-ons. He keeps far more than the $1,255 reserve, so the floor does not apply.

Then the mortgage rule. Her net income including about $1,817 of support is roughly $3,817, and 25 percent of that is about $954. The housing cost of $1,500 exceeds it by about $546, so the court may require him to assume up to half of that excess, about $273, in his support obligation. Whether it does is up to the trier-of-fact. This example only illustrates the formula; it does not predict any order.

What mistakes do people make about spousal support and APL?

• Using gross pay. The formula runs on monthly net income after only the deductions the rule lists (1910.16-2(c)(1)).
• Using one good month. Income is ordinarily averaged over at least six months (1910.16-2(a)).
• Quitting or cutting hours. A court can assign an earning capacity instead of actual pay (1910.16-2(d)(4)).
• Forgetting the other family. Support paid to children or a former spouse outside the case is deducted only if it is shown (Part B, line 6).
• Expecting both payments at once. Spousal support and APL cannot run together (1910.16-1(c)(1)).
• Not bringing an expense statement. It is needed to argue for a deviation or an expense allocation (Pa.R.C.P. 1910.11(c)(1)(ii)).

What should I do this week?

1. Gather six months of pay stubs and your latest federal tax return with all schedules, W-2s and 1099s.
2. If either of you is self-employed, collect the business returns and K-1s.
3. List any support you pay or receive for other children or a former spouse, with the orders.
4. Write down the mortgage, taxes and insurance on the marital home, and who pays them.
5. Note health insurance premiums and unreimbursed medical costs.
6. Run the Part B numbers yourself as a rough guide, then bring everything to a consultation; see what to bring to a divorce consultation.

Frequently asked questions

Is APL calculated differently from spousal support?

No. Both use the same Part B worksheet in Rule 1910.16-4 (1910.16-1(b)). APL applies once a divorce is filed, and the two cannot be in effect at the same time.

Is there a maximum amount?

The rules set no cap. Above $30,000 a month of combined net income, the formula is only the starting point and the court weighs needs, expenses and deviation factors (1910.16-3.1(b)).

Can we agree on a different number?

Yes. If the parties agree at the conference, the conference officer prepares a written order the parties sign and submits it to the court, which may enter it without a hearing (Pa.R.C.P. 1910.11(d)(2)).

How long does spousal support or APL last?

No fixed term is written into the formula. The court considers the marriage's length, from the wedding to final separation, in deciding duration, and must state the duration when it deviates (1910.16-1(c)(2); 1910.16-5(a)(2)(v)). Alimony after the decree is a separate question; see how long alimony lasts.

Why did the formula change for orders after 2019?

The rule's comment explains that the 2017 federal tax law repealed the alimony deduction and inclusion for these payments, so orders entered on or after January 1, 2019 use the Part B percentages. Some older orders being modified still use Part IV.

Can the amount change later?

Yes. Either spouse may petition to modify by stating the material and substantial change relied on (Pa.R.C.P. 1910.19(a)); see how to change a support order.

Where is the case heard in Delaware County?

Support conferences and hearings are held at Domestic Relations in the Curran Building at the Courthouse complex in Media, according to the county handbook; see what to expect in Delaware County family court.

Call Giribaldi Law at (610) 891-8303 or contact us online for a free consultation about spousal support or APL. Evening and weekend appointments are available.