My wife moved out almost a year ago and makes nearly all the money for our household.
There has been no adultery, and I am nearly retired.
If she claims to need a large amount of money to maintain her lifestyle, do I just get what’s left over?
In Pennsylvania, the higher wage earner owes a duty of support to the dependent spouse.
In this state, a dependent spouse can file for spousal support prior to the filing of the divorce complaint or alimony pendente lite for support once the divorce complaint has been filed.
Unless there is a successful entitlement defense, the dependent spouse will receive 40 percent of the difference in the monthly net income of the parties as spousal support if no child support is at issue.
In Pennsylvania, alimony or spousal support paid following the divorce differs from spousal support or alimony pendente lite, as it is determined based on factors such as standard of living during the marriage, earning capacity, etc.
There is no set duration for alimony in Pennsylvania, but the general rule of thumb is one year of alimony for every three years of marriage.
You should consult with an attorney barred in your your state about your jurisdiction’s approach to spousal support and alimony, as the laws and statutes regarding this issue vary drastically depending on where you live.
Remember, I am unable to provide you with anything more than tips on your situation, so please consult a domestic litigation attorney in your area to obtain specific advice as to the laws in your state and how they impact your potential case.
Mat Camp is a former Lexicon Services Online Editor, who focused on providing a comprehensive look into all aspects of the divorce experience. On MensDivorce.com, he concentrated on issues, such as parenting time, custodial rights, mediation, the division of assets, and so much more.
Mr. Camp used the wealth of experience of Cordell & Cordell attorneys to bring tangible answers to reader questions in Ask a Lawyer articles, as well as offer a step by step process through the divorce experience with Cordell & Cordell Co-Founder and Principal Partner Joseph E. Cordell in Divorce 101: A Guide for Men.
Mr. Camp used thorough research to highlight the challenging reality that those who go through divorce or child custody issues face. He helped foster the continued success of the Men’s Divorce Survival Guide, the Men’s Divorce Podcast, and the Men’s Divorce YouTube series “Attorney Bites.”