What do Pennsylvania divorce terms like equitable distribution, APL and "3301(d)" mean?

Last updated October 26, 2026.

Most Pennsylvania divorce terms come straight from the Divorce Code (23 Pa.C.S.) and the family court rules (Pa.R.C.P. 1910 for support, 1915 for custody and 1920 for divorce). "Equitable distribution" is the court's division of marital property; "APL" is alimony pendente lite, temporary support while the divorce is pending; and "3301(d)" is the no-fault ground used after one year of living separate and apart.

Below, more than 30 terms are grouped by stage, each with its source and a link to the page that explains it. For an overview of our family practice in Media, see our family law page.

How does a divorce move from one term to the next?

1. Start. A complaint, with any claims, is filed in the right county and served.
2. Grounds. Consent, a separation affidavit or proof of fault.
3. Money. Inventories, pre-trial statements and support orders.
4. Resolution. A hearing officer, a judge or an agreement.
5. Finish. A praecipe, then the decree.

Custody and child support run on their own tracks.

Which terms are easiest to confuse?

Terms you meet when the case starts

Complaint. The paper that starts the divorce, stating each spouse's residence, the six-month residency, the marriage, the grounds and any earlier divorce case between the spouses (Pa.R.C.P. 1920.12(a)). The steps for filing and serving it are in how to file for divorce in Delaware County.

Residency. At least one spouse must have been a bona fide Pennsylvania resident for six months immediately before filing (23 Pa.C.S. 3104(b)). The rule matters most in a divorce when your spouse lives in another state.

Venue. The county where the case may be filed: where either spouse lives, or a county both agree on (Pa.R.C.P. 1920.2(a)). Which offices handle what in Delaware County is set out in criminal, DUI and family cases in Delaware County.

Count, or ancillary claim. A claim joined to the divorce, such as equitable distribution, alimony, APL or counsel fees (23 Pa.C.S. 3104(a)). Claims for spousal support, alimony, APL, counsel fees, and costs and expenses not raised before the decree are treated as waived unless the decree expressly provides otherwise (Pa.R.C.P. 1920.31(c)). Each count changes the filing fee, as shown in what a divorce costs in Delaware County.

Office of Judicial Support. Delaware County's office that took over the work of the former Prothonotary and Clerk of Courts, and where divorce papers are filed; the county handbook places divorce filings in Room 124 of the Government Center in Media. Where each Media office and hearing room sits is covered in what to expect in Delaware County family court.

In forma pauperis. Permission to proceed without paying filing fees and costs; a party who receives needs-based public assistance, or whose gross income is at or below 200 percent of the federal poverty guidelines with assets under $10,000 (not counting the home and one vehicle), is deemed without financial resources (Pa.R.J.A. 1990(c)(1)). Montgomery County's version of the process is described in what to expect in Montgomery County family court.

Terms about grounds for divorce

Mutual consent, or "3301(c)." A no-fault divorce once 90 days have passed and both spouses file affidavits of consent (23 Pa.C.S. 3301(c)(1)); each affidavit must be signed 90 days or more after service and filed within 30 days of signing (Pa.R.C.P. 1920.42(a)(1)(ii)). How that route can finish without a hearing is explained in an uncontested divorce in Delaware County.

Irretrievable breakdown, or "3301(d)." The no-fault ground used when one spouse will not consent: an affidavit that the spouses have lived separate and apart for at least one year and the marriage is irretrievably broken (23 Pa.C.S. 3301(d)). The facts in it are deemed admitted unless the other spouse files a counter-affidavit (Pa.R.C.P. 1920.14(b)). See what if my spouse will not consent.

Separate and apart. "Cessation of cohabitation, whether living in the same residence or not," presumed to begin no later than service of the divorce complaint (23 Pa.C.S. 3103). Why the exact date matters is covered in why the date of separation matters.

Fault grounds. Grounds such as desertion for a year or more, adultery, cruel and barbarous treatment, bigamy, a prison sentence of two years or more, or indignities (23 Pa.C.S. 3301(a)). They must be proved, unlike the no-fault grounds. Our divorce page describes the kinds of divorce we handle.

Terms about property and debts

Equitable distribution. The court's division of marital property "in such percentages and in such manner as the court deems just," without regard to marital misconduct, after weighing the 3502(a) factors (23 Pa.C.S. 3502(a)). The factors and the process are in how property is divided in a Pennsylvania divorce.

Marital property. All property either spouse acquired during the marriage, whatever the title, except listed exclusions such as pre-marriage property, gifts from third parties and inheritances (23 Pa.C.S. 3501(a) and (b)). The exclusions are covered in what counts as marital property.

Increase in value. Growth during the marriage in a pre-marriage asset, gift or inheritance is marital, measured to the separation date or the date nearest the hearing, whichever gives the smaller increase (23 Pa.C.S. 3501(a.1)). It often decides the outcome for a family business in a divorce.

Inventory. The verified list of assets, debts and transfers each spouse files once a property claim is raised, with values as of the separation date (Pa.R.C.P. 1920.33(a); 1920.75). How it is used to find missing money is explained in what to do if your spouse hides assets.

Pre-trial statement. The filing, due at least 60 days before the hearing unless the court sets another date, that lists values, documents, experts, witnesses, exhibits, income and a proposed resolution (Pa.R.C.P. 1920.33(b)). Start gathering the papers with what to bring to a divorce consultation.

Marital liabilities. Debts either spouse incurred during the marriage, alone or jointly, listed with co-debtors and amounts due at separation (Pa.R.C.P. 1920.33(a)(3)(i)). See how debts are divided.

Coverture fraction. The fraction that splits a pension into marital and non-marital parts by months worked during the marriage before final separation (23 Pa.C.S. 3501(c)). The details are in how pensions and retirement accounts are divided.

Right to reside. The court may give one or both spouses the right to live in the marital residence while the case is pending or otherwise (23 Pa.C.S. 3502(c)). More is in who gets the house.

Terms about agreements

Premarital agreement. An agreement made before the wedding, enforceable unless the challenger proves by clear and convincing evidence that it was not signed voluntarily or that the required disclosure, written waiver and knowledge were all missing (23 Pa.C.S. 3106(a)). See whether a prenup is enforceable.

Property excluded by agreement. Property a valid agreement made before, during or after the marriage keeps out of the marital estate (23 Pa.C.S. 3501(a)(2)). The terms such agreements can and cannot cover are listed in what a prenuptial agreement can cover.

Incorporated but not merged. Delaware County's standard decree wording for a property settlement agreement submitted with the decree "for enforcement purposes only" (Delaware County Local Rule 1920.76(c)); either way, an agreement can be enforced as though it were a court order (23 Pa.C.S. 3105(a)). Reaching such an agreement is one subject of mediation or court.

Terms about support and alimony

Spousal support. Support between spouses calculated under the statewide guidelines; it and APL cannot be in effect at the same time (Pa.R.C.P. 1910.16-1(b) and (c)(1)). How it differs from the other two payments is in spousal support, APL or alimony.

Alimony pendente lite (APL). "An order for temporary support granted to a spouse during the pendency of a divorce or annulment proceeding" (23 Pa.C.S. 3103). The formula is worked through in how spousal support or APL is calculated.

Alimony. Support ordered in conjunction with a divorce decree (3103), which the court may allow "only if it finds that alimony is necessary" (23 Pa.C.S. 3701(a)). The factors and how long awards last are covered in how long alimony lasts.

Cohabitation bar. A petitioner who, after the divorce, has entered into cohabitation as section 3706 describes is not entitled to alimony (23 Pa.C.S. 3706). Its limits are explained in whether dating or living together affects alimony or support.

Support guideline and deviation. The statewide formula required by 23 Pa.C.S. 4322(a), presumed correct unless the trier-of-fact finds it unjust or inappropriate and deviates for listed reasons (Pa.R.C.P. 1910.16-1(d); 1910.16-5). Its child support side is in how child support is calculated.

Conference officer. The Domestic Relations official who runs the support conference, calculates the guideline amount and recommends an order (Pa.R.C.P. 1910.11(a) and (d)). See the support conference in Delaware County.

Modification. A change to a support order on a petition that states the material and substantial change relied on (Pa.R.C.P. 1910.19(a)). The process is in how to change a custody or support order.

Terms about custody

Legal and physical custody. Legal custody is the right to make major decisions for the child, including medical, religious and educational ones; physical custody is the actual physical possession and control of the child, and it can be primary, partial, shared, sole or supervised (23 Pa.C.S. 5322). The labels are compared in legal versus physical custody.

Custody conciliator. In Delaware County, the officer appointed by the Board of Judges before whom every custody proceeding is listed for a conference before it goes to a judge (Delaware County Local Rule 1915.4-1(d)). The sequence is in the steps in a Delaware County custody case.

Terms about hearings and the end of the case

Hearing officer. The officer the court may appoint to hear property, alimony, partial custody and fee claims once no-fault grounds are approved, and to issue a report and recommendation (Pa.R.C.P. 1920.51(a)(1)(ii)(A)). In Chester County, a hearing officer is appointed on either party's motion once ancillary claims are at issue (Chester County Rule 1920.51.A(a)), as described in what to expect in Chester County family court.

Hearing de novo. A new hearing before a judge after a hearing officer's report; in counties using Rule 1920.55-3, a party has 20 days from mailing or receipt of the report to demand it (Pa.R.C.P. 1920.55-3(c)). The Delaware County version is walked through in a contested property division hearing in Delaware County.

Praecipe to Transmit Record. The form asking the Prothonotary to send the record to the court for the decree or an order approving grounds, filed after the Notice of Intention period has run or been waived (Pa.R.C.P. 1920.42; 1920.73). Its place in the timeline is shown in how long a divorce takes.

Decree. The order stating that the spouses "are divorced from the bonds of matrimony," with a warning to reaffirm or change beneficiary designations (Pa.R.C.P. 1920.76). Every marriage, including a same-sex marriage, ends the same way; see same-sex divorce in Pennsylvania.

What changes the meaning in a particular case?

The county. Delaware County uses the de novo demand while Chester and Montgomery use exceptions, according to the list kept by the Supreme Court's Domestic Relations Procedural Rules Committee.

When the separation began. The 3301(d) affidavit form asks for two years of separation if it began before December 5, 2016, and one year if it began on or after that date (Pa.R.C.P. 1920.72(d)).

For example: reading the papers in one case

Here is a hypothetical. A wife in Havertown is served with a complaint under 3301(d) with counts for equitable distribution and alimony. A year after the separation date, her husband serves the 3301(d) affidavit with a blank counter-affidavit. She files the counter-affidavit claiming economic relief, plus her written claims. After inventories, pre-trial statements and the hearing officer's report, she files a demand for a hearing de novo within 20 days. After the judge's final order, a praecipe leads to the decree. This example only illustrates the vocabulary; it does not predict any case.

What mistakes come from misreading these terms?

• Ignoring a 3301(d) affidavit. Its facts are admitted unless a counter-affidavit is filed (Rule 1920.14(b)).
• Thinking a counter-affidavit alone protects money claims. The notice of intention warns that filing the form counter-affidavit alone does not protect economic claims (Rule 1920.73(a)).
• Filing exceptions in Delaware County. The county uses the de novo demand under Rule 1920.55-3.
• Signing a mediator's memorandum as a final deal. Under Rule 1940.2 it is not legally binding.

What should I do this week?

1. Note the county and docket number on any papers you have.
2. Look for the ground cited: 3301(c), 3301(d) or a fault ground under 3301(a).
3. List every count or claim raised, and any you may still need to raise.
4. Write down your date of separation and the date you were served.
5. Mark any deadline on a notice, such as 20 days for a counter-affidavit or a de novo demand.
6. Bring the papers and your questions to a consultation.

Frequently asked questions

What does "pendente lite" mean?

It means while the case is pending. Alimony pendente lite is temporary support during the divorce (23 Pa.C.S. 3103), and counsel fees can also be allowed pendente lite (3702(a)).

Is "equitable" the same as equal?

No. The court divides marital property in the percentages it finds just after weighing the factors, and may use a different percentage for each asset or group (23 Pa.C.S. 3502(a)).

Is APL the same as spousal support?

They use the same formula, but APL applies while a divorce is pending, and the two cannot run at once (Rule 1910.16-1(c)(1)).

What does "de novo" mean?

From the beginning. The Delaware County handbook explains that at a de novo support appeal the judge is not bound by the hearing officer's findings.

What is a counter-affidavit?

The form a spouse files to deny a 3301(d) affidavit or to claim economic relief. If none is filed, the affidavit's facts are admitted (Rules 1920.72(e) and 1920.14(b)).

Call Giribaldi Law at (610) 891-8303 or contact us online for a free consultation if a term in your divorce papers is unclear. Evening and weekend appointments are available.