9 Things To Know About Spousal Support
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Many couples are aware that they can receive or be required to pay child support if the parties separate. However, some are not aware of spousal support or understand how it is different from alimony. Spousal support is definite by Pennsylvania statute as “care, maintenance, and financial assistance” which can be received once the parties separate, but not after the divorce is finalized. 23 Pa.C.S. Section 3103.Alimony is post-divorce support is determined by the analysis of the 17 factors in 23 Pa.C.S. Section 3701(b). Here a few things you should know about spousal support.
Either spouse can receive spousal support. Gender roles have conditioned many to believe that men are not or should not receive spousal support. The PA statutes and guidelines do not discriminate on the basis of gender. If the spouse seeking support is eligible to receive support, they may do so regardless of gender.
You can receive support without filing a divorce complaint. While generally, it is more difficult to prove a claim for spousal support while you are still residing with your spouse, it is not impossible. You must prove that the payor spouse is not contributing at all to the expenses of the household. Generally, successful claims are where one spouse has left the marital home.
The burden is on the receiving spouse to show they are entitled to support. The spouse hoping to receive support has the burden of showing that payor spouse either 1) agreed to the separation, 2) that payor’s spouse conduct justified the receiving spouse’s leaving the marital home, or 3) there was some other legal cause to justify a temporary departure.
The amount of support is calculated using the Pennsylvania Guidelines. The guidelines take into consideration the reasonable needs of the child or spouse seeking support and the ability of payor spouse to provide support. The guidelines primarily look to the incomes and earning capacity of the parties, and may deviate from the guidelines for unusual needs, extraordinary factors, etc. A court may take into consideration the length of the marriage when awarding spousal support. A relatively short marriage (e.g. 2 months) may should not require a spouse to pay support. There would be injustice to the spouse to pay this.
Spousal support can take a form other than cash and may include the payment of other expenses. For example, spousal support may include the continued payment of the mortgage on the marital residence, real estate taxes, or even a percentage of a spouse’s reasonable and necessary healthcare expenses.
There are defenses to paying spousal support. If the spouse who would have to pay the support does not believe that dependent spouse is entitled to spousal support, they can assert defenses. The paying spouse would have to show by clear and convincing evidence that the dependent spouse’s conduct provides grounds for divorce. Marital misconduct, lack of consent or good cause for the separation are also defenses to paying spousal support. The paying spouse can also argue one of the fault grounds. The fault grounds are:
Adultery
Abandonment without cause for at least one year
Cruelty, including domestic violence, which endangered the life or health of the injured and innocent spouse
Bigamy
Conviction of a crime and imprisonment for two or more years, and
Humiliating the innocent spouse in such a way that makes the marriage intolerable.
Cohabitation can cause spousal support to be terminated. It is important to note that cohabitation can cause the termination of spousal support, but a spouse may be entitled to alimony pendente lite, a different form of pre-divorce support that is based on need and not entitlement and can help the dependent spouse to pay his or her legal costs and maintained themselves until the finalization of the divorce.
Spousal support ends with the grounds are approved, not when the divorce is final. This is an important distinction. If the parties are seeking to the divide the marital assets and have not reached an agreement, there will need to be a hearing before a divorce master. The grounds for divorce (consent of the parties, separation, or one of the fault grounds) must be approved before the assets are divided. Once the grounds for divorce are approved, the receiving spouse is no longer entitled to spousal support. This can leave that spouse without enough means to continue to fight for the equitable distribution of the assets, a very important and sometimes expensive part of the process. Alimony pendente lite, which must have been raised prior to the approval of the grounds, can provide that support.
How spousal support is calculated. The PA Guidelines provide support a formula for determining the amount of spousal support.
Where there is no child support claim: The domestic relations section will take 33% of the higher earning spouse’s net income (as determined by the statutes, not their take-home pay), and subtract 40% from receiving spouse’s income. In an example where Wife’s net monthly income is $6000 and Husband’s income is $3000: ($6000 x 33%) - ($3000 x 40%) = ($1980 - $1200) = $780.
Where there is a child support claim: Where there is a child support claim in addition to the spousal support claim, the percentages use to run the calculation are lower. Instead we use 25% of the higher earning spouse’s net income and 30% of the receiving spouse’s income: ($6000 x 25%) - ($3000 x 30%) = ($1500 - 900) = $600. The child support obligation and spousal support obligation will be added together to create one Order.
There are many facts, defenses, and deviations to be considered in the entitlement, determination, and calculation of support. You should always speak with an attorney about the facts specific to your case to determine your rights and obligations.