Coudersport, PA asked in Divorce for Pennsylvania

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?

Related Topics:
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. 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.

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

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.