Q: Separated for over 2 years. She is angry that I am seeing someone else and now saying she wants my pension and alimony.
We divided assets on our own and do not have a written separation agreement or child support. I pay her every week for child support even though our daughter lives with me the majority of the time. She is upset because her latest boyfriend dumped her, which 2 years ago her multiple "boyfriends" were the reason for our separation. She had been living just fine so far without requesting any more money so does she have a legal right to want it now? Mind you she just spent a week in a mental institute because she tried to OD on pills and kill herself. I buy and pay for everything for our daughter plus I still have her and her other 2 kids on my insurance which I still pay for. She is just being spiteful because she doesn't want me to be happy if she is not. What can she legally request and what can I do?
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. 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.
Please feel free to review the information about support on my website. http://www.pafamilylawyers.com/Spousal-Support-APL-Alimony/
Regarding your pension, she will likely be entitled to a portion of the increase in value from the date of marriage until the date you began living separate and apart.
Lisa Marie Vari, Esquire
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