Allentown, PA asked in Divorce for Pennsylvania

Q: Been seperated for 4 years and now wants alimony, is it too late?

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1 Lawyer Answer
Lisa Marie Vari
Lisa Marie Vari
  • Pittsburgh, PA
  • Licensed in Pennsylvania

A: There are 3 types of support payable to a spouse in Pennsylvania. Spousal support refers to a request for support when there is not a divorce complaint filed by either party. There are entitlement defenses available in a true spousal support case based upon the fault based grounds for divorce (abandonment without just cause is a potential defense). But, if a divorce complaint has been filed, the support to a spouse is called alimony pendente lite (APL) and there are no defenses to the payment of that support. Money paid after a divorce decree is entered is called alimony. There can be a defense to alimony in certain circumstances such as when the spouse seeking alimony committed adultery during the marriage.

Thus the answer to your question will depend on which of the above categories of spousal support applies to your case.

Please feel free to review the information about support on my website.

Lisa Marie Vari, Esquire

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