Spousal support, APL or alimony: what is the difference in Pennsylvania?

Last updated October 4, 2026.

All three are payments from one spouse to the other, but they cover different stages. Spousal support can be ordered while spouses are married and separated, with or without a divorce case. Alimony pendente lite (APL) is temporary support while a divorce is pending (23 Pa.C.S. 3103). Alimony is paid after the divorce decree, and only if the court finds it necessary (23 Pa.C.S. 3701(a)). The first two are calculated with the statewide support guidelines; alimony is decided by weighing 17 statutory factors.

Spousal support and APL cannot be in effect at the same time (Pa.R.C.P. 1910.16-1(c)(1)). For an overview of our divorce and support work in Media, see our family law page.

How do the three compare?

How are spousal support and APL calculated?

Both use Part B of the support worksheet in Pa.R.C.P. 1910.16-4. In plain terms:

1. Net incomes. Each spouse's monthly net income is calculated under the guideline rules (1910.16-2), and the paying spouse's other support or alimony obligations to former spouses or other children are deducted.
2. No dependent children. The paying spouse's net income is multiplied by 33 percent and the receiving spouse's by 40 percent; the difference is the preliminary amount.
3. With dependent children. The percentages are 25 percent and 30 percent, and the spousal amount is then subtracted from or added to each spouse's income before child support is calculated (Part C).
4. Zero floor. If the result is less than zero, no spousal support or APL is due.
5. Add-ons and deviation. Additional expenses may be added (1910.16-6), and the court may deviate for reasons such as the length of the marriage, assets and liabilities, and unusual needs (1910.16-5(b)), stating its reasons and, for spousal support or APL, the duration.

In deciding how long spousal support or APL should last, the court considers the duration of the marriage, from the wedding to final separation (1910.16-1(c)(2)). These formulas apply to orders entered since January 1, 2019; older orders being modified may use the earlier formula in 1910.16-4(a)(2). Child support is explained in how child support is calculated in Pennsylvania.

How is alimony decided?

Alimony after the decree is not a formula. The court may award it "only if it finds that alimony is necessary," and then decides the nature, amount, duration and manner of payment by weighing all relevant factors, including those listed in 3701(b): relative earnings and earning capacities; ages and health; sources of income including benefits; expectancies and inheritances; the length of the marriage; contributions to the other's education or earning power; the effect of custody of a minor child; the marital standard of living; education and the time needed to train for appropriate work; assets and liabilities; property brought to the marriage; homemaker contributions; relative needs; marital misconduct during the marriage (after final separation, only abuse counts); tax consequences; whether the person seeking alimony lacks enough property, including property received in the divorce, to meet reasonable needs; and whether that person is incapable of self-support through appropriate employment.

Because the property division affects whether alimony is necessary, the two are usually decided together; see how property is divided in a Pennsylvania divorce. The court must state the reasons for granting or denying alimony and the amount (3701(d)). How long an award lasts is covered in how long alimony lasts in Pennsylvania.

How does each one start in Delaware County?

Spousal support starts with a support petition at Domestic Relations in the Curran Building, followed by a conference with a conference officer; see what happens at a support conference in Delaware County. APL requires a pending divorce: under Delaware County Local Rule 1920.31(f), a party completes an APL application and files it with the Office of Judicial Support, which forwards it to Domestic Relations to be listed for a hearing. Either party may demand a hearing before a judge within ten days after notice of the recommended order is mailed, and the demand does not stay the order. Alimony is raised as a claim in the divorce pleadings and, according to the county handbook, is addressed by the divorce hearing officer at the equitable distribution hearing along with property, legal fees and costs.

The court can also order counsel fees and expenses and health coverage for a dependent spouse while the case is pending (3702(a); 4324).

What if the paying spouse falls behind?

When a court so orders, spousal support, APL and alimony are paid through the domestic relations section, which keeps the payment record, distributes payments and must notify the court when someone is 30 days behind (23 Pa.C.S. 3704). For unpaid alimony or APL, the court may, after a hearing, enter judgment, seize property or collect rents, attach up to 50 percent of wages, award interest, require security for future payments, award counsel fees and costs, and, for willful refusal, find civil contempt with up to six months in prison (3703).

In Delaware County, the county handbook says the contempt process for support starts with a conference at Domestic Relations in the Curran Building, where a conference officer reviews the case history; the case can then go to a judge, and Domestic Relations will not provide a lawyer for the person accused. Our guide to Delaware County family court shows where these hearings take place.

The length of the marriage, measured to the date of final separation, matters both for spousal support duration and for alimony, so the separation date deserves attention early; see why the date of separation matters. If you have not yet filed, the steps are in how to file for divorce in Delaware County.

What changes the answer?

• Whether a divorce has been filed. Before filing, spousal support; after filing, a spouse can seek APL instead, but not both at once (1910.16-1(c)(1)).
• A personal injury crime. A spouse convicted of a personal injury crime against the other is not entitled to spousal support or APL unless needed to prevent manifest injustice, and payments the victim made after the offense and before the conviction can be recovered (3702(b)).
• Children. The guideline percentages change when there are dependent children (1910.16-4, Part B).
• Earning capacity. Income can be imputed to a spouse who is not working as they could (1910.16-2(d)(4)).
• Cohabitation after divorce. It bars alimony under 3706 as the statute is written.
• An agreement. Unless the agreement says otherwise, its alimony and APL terms cannot be modified by the court (3105(c)).

For example: from separation to decree

Here is a hypothetical. A couple in Drexel Hill separate after 20 years of marriage; one spouse earns much more and they have no children at home. The lower-earning spouse files for spousal support at Domestic Relations, and a guideline order is entered using the 33 and 40 percent formula.

Six months later the higher earner files for divorce. The lower earner now applies for APL through the Office of Judicial Support; since the two cannot run at once, the APL order replaces spousal support. At the equitable distribution hearing, the lower earner asks for alimony. The hearing officer weighs the long marriage, the earnings gap, the property each will receive and the time needed to return to work, and recommends whether alimony is necessary and, if so, for how long. This example only illustrates the stages; it does not predict any award.

What mistakes do spouses make with support and alimony?

• Not raising alimony in the divorce. The notice to defend warns that alimony may be lost if not claimed before the decree (Pa.R.C.P. 1920.71).
• Assuming alimony is automatic. It is awarded only if necessary (3701(a)).
• Quitting work to lower support. Earning capacity can be imputed (1910.16-2(d)).
• Missing the ten-day APL demand window in Delaware County. The recommended order becomes final.
• Signing a settlement without reading its alimony terms. They are generally not modifiable unless the agreement allows it (3105(c)).
• Stopping payment during an appeal. Demands for a hearing do not stay support orders.

What should I do this week?

1. Decide whether you are separated without a divorce filing (spousal support) or in a pending divorce (APL).
2. Gather pay stubs, tax returns and benefit information for both spouses.
3. Write down the wedding date and the date of separation.
4. List your monthly needs and any health coverage issues.
5. Make sure alimony is claimed in the divorce if you may need it.
6. Book a consultation to compare the options.

Frequently asked questions

Can I get spousal support without filing for divorce?

Yes. Married persons are liable to support each other according to their abilities (23 Pa.C.S. 4321(1)), and spousal support is filed at Domestic Relations.

Is APL the same amount as spousal support?

Both use the same guideline formula in Rule 1910.16-4, Part B, but they cannot be in effect at the same time.

Does marital misconduct matter?

For alimony, misconduct during the marriage is a factor, but misconduct after final separation is not, except abuse (3701(b)(14)). Misconduct does not affect property division.

Can alimony be paid in a lump sum?

The court decides the "manner of payment" along with the amount and duration (3701(b)), and spouses can agree on the form in a settlement.

Who pays my lawyer?

The court may award reasonable counsel fees and expenses while the case is pending (3702(a)). A divorce timeline is in how long a divorce takes.

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