How can I stop temporary alimony?

I signed and submitted the paperwork needed to get divorced. My spouse’s lawyer then put an amendment in for equitable distribution and I still have to pay APL. I heard I can petition it. Can I get APL stopped?

Asked on December 20, 2010 under Family Law, Pennsylvania

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

In PA, there are 3 different types of support that may be awarded to a spouse: (1) spousal support; (2) alimony pendente lite (APL); (3) and alimony.  APL is the support awarded to the other spouse after a divorce complaint has been filed.  The amount payable under a APL order is based upon a percentage of the difference of after tax monthly incomes of the parties and after consideration of other support obligations.  PA family courts have held that the purpose of APL is to permit both spouses the financial ability to proceed in the divorce action.  "Pendente lite" is Latin for "pending the litigation".  As such, APL orders generally last until the divorce decree is issued and equitable distribution has been finalized.  For the spouse receiving APL, this fact often causes them to attempt to prolong the entry of the divorce decree and finalization of equitable distribution as long as possible.  On the other hand, the spouse required to make the APL payments is generally motivated to finalize the divorce and equitable distribution issues as soon as possible to limit the duration of APL payments.

At this point, you should consult directly with a divorce attorney in your area.


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