APL and Spousal Support


APL and Spousal Support

In Pennsylvania, when spouses are separated and no longer residing together, the party earning less may be eligible to receive monthly support. A spouse can file for Spousal Support or for Alimony Pendente Lite (APL). Both types of support provide a monthly payment to the plaintiff by the defendant during the life of the marriage.

If a claim for Spousal Support is filed, the defendant may raise an “entitlement defense” to avoid paying monthly support. If the defendant can prove that the plaintiff engaged in behavior which ended the marriage and which rises to the level of a fault count for divorce, they may not be required to pay support. Fault counts for divorce include adultery, bigamy, desertion, imprisonment for two or more years, indignities, and cruel and barbarous treatment. The defendant would need to prove that a fault ground for divorce has been met by clear and convincing evidence to defeat the plaintiff’s claim for spousal support.

APL is a type of spousal support designed to give the dependent spouse the means with which to litigate the divorce proceedings and entitlement defenses are not available. The dependent spouse is entitled to support to allow them to fund litigation regardless of marital misconduct.

When spouses are separated, the party earning less may be eligible for one of two types of monthly support: APL and spousal support. If you need assistance with your support matter, call us at 610-892-3877.

Pearl shot with Teresa Mallon and Shayne

About the author

About Alicia Fastman

Alicia Fastman graduated from Hofstra University with a Bachelor’s degree in Psychology, then went on to complete her Juris Doctorate at the Widener University School of Law in Wilmington, DE. Alicia graduated from law school with pro bono distinction, completed a Certificate in Criminal Law, and focused her intensive studies within the fields of litigation and trial advocacy. Alicia joined LaMonaca Law in April of 2011 and is a Partner at the firm. She was selected as a Top Lawyer in Main Line Magazine in 2014, 2016, 2017, and 2019 in the areas of Family Law and Divorce and has been named as a Best Lawyer in the areas of Adoption and Trial in the Delaware County Daily Times. Alicia is licensed to practice law in Pennsylvania, and is a member of the Pennsylvania, Philadelphia, and Delaware County Bar Associations. Alicia resides in Delaware County with her dog, Leonard. In her time outside of the courtroom or office, she enjoys creating art, listening to podcasts, and spending time with friends and family.