What Is Alimony Pendente Lite?

“Pendente lite” is Latin for “pending the litigation.” APL is support awarded during the divorce case itself. Pennsylvania courts describe it as temporary support that enables the dependent spouse to fund the divorce litigation (Prol v. Prol, 840 A.2d 333 (Pa. Super. 2003)). The goal is to put both spouses on a more equal footing so the lower-earning spouse can afford to participate in the case, including hiring a lawyer and pursuing a fair property division.

APL is authorized by 23 Pa.C.S. § 3702, which also allows the court to award reasonable counsel fees and expenses and to require that health insurance coverage be maintained for the dependent spouse while the case is pending.

APL vs. Spousal Support vs. Alimony

Pennsylvania has three distinct kinds of support between spouses. Which one applies depends mostly on where you are in the divorce process.

	Spousal support	Alimony pendente lite (APL)	Alimony
When	After separation; no divorce needs to be filed	After a divorce complaint is filed, until the final decree	After the divorce is final
How the amount is set	Support guidelines formula	Same support guidelines formula	Court discretion using 17 statutory factors (23 Pa.C.S. § 3701(b))
Fault / misconduct	Can be a complete defense (“entitlement defense”)	Not a defense	One of the 17 factors
Where it’s decided	Domestic Relations Section	Domestic Relations Section	Divorce court, usually at the end of the case
How it ends	Reconciliation, divorce filing and conversion to APL, death, court order	Entry of the divorce decree (appeals can extend it)	Set duration, remarriage, cohabitation, death, or court order

Spousal support and APL cannot be in effect at the same time (Pa.R.C.P. 1910.16-1(c)(1)). If you are already receiving spousal support when the divorce is filed, the order may be converted to APL, which matters because the paying spouse loses the ability to raise fault as a defense.

Who Can Get APL in Pennsylvania?

You may be eligible for APL if:

• A divorce action is pending between you and your spouse, and
• Your income is lower than your spouse’s, so that the guideline formula produces a support amount.

Because APL exists to let both spouses take part in the litigation on fair terms, marital misconduct such as adultery is generally not a defense to it. That’s a key difference from spousal support, where the paying spouse can defeat a claim by proving conduct that would amount to fault grounds for divorce.

There is one statutory exception. A spouse convicted of a personal injury crime against the other spouse is not entitled to APL or spousal support unless the court finds an order is needed to prevent manifest injustice (23 Pa.C.S. § 3702(b)).

A court can also consider whether the requesting spouse already has enough assets or resources to pay for the litigation on their own. APL is not automatic, and the facts of your case matter.

How Is APL Calculated in Pennsylvania?

APL uses the same guideline formula as spousal support, found in Pa.R.C.P. 1910.16-4. The calculation starts with each spouse’s monthly net income (gross income minus taxes and certain mandatory deductions).

Without dependent children:

1. Take 33% of the paying spouse’s monthly net income.
2. Subtract 40% of the receiving spouse’s monthly net income.
3. The result is the guideline APL amount. If it’s zero or less, no APL is owed under the formula.

With dependent children:

Child support is calculated first and deducted from the paying spouse’s income. The APL formula then uses 25% of the paying spouse’s remaining net income minus 30% of the receiving spouse’s net income.

Example (no children): One spouse nets $8,000 per month and the other nets $3,000 per month.

• 33% × $8,000 = $2,640
• 40% × $3,000 = $1,200
• Guideline APL = $1,440 per month

The formula is a starting point, not a final answer. A court can deviate from the guideline amount based on factors such as unusual needs, other support obligations, assets, and the length of the marriage (Pa.R.C.P. 1910.16-5). In a short marriage, the court must consider the marriage’s length, measured from the date of marriage to the date of final separation, when deciding how long APL should last (Pa.R.C.P. 1910.16-1(c)(2)). When the spouses’ combined net income exceeds $30,000 per month, the court applies the formula as a preliminary step and then makes a final, case-specific analysis (Pa.R.C.P. 1910.16-3.1).

The formulas above apply to orders entered on or after January 1, 2019, when Pennsylvania adjusted its guidelines to reflect federal tax changes. Older orders being modified may use a different calculation.

When Does APL Start and End?

APL can be requested once a divorce complaint is filed. Support orders in Pennsylvania are generally effective back to the date the claim was filed, so filing promptly protects the amount you can recover.

APL usually ends when the court enters the final divorce decree. If either spouse appeals the divorce or the property division, APL can continue while the appeal is pending, because the divorce isn’t final until the appeal is resolved. Once the divorce is final, any further support must come from an alimony award or a written agreement between the spouses.

Because APL lasts as long as the case does, a divorce with contested property division can keep APL in place for an extended period. A court can modify or end APL if the receiving spouse unreasonably delays the divorce.

Can APL Be Changed?

Yes. Either spouse can petition to modify APL if there has been a material and substantial change in circumstances, such as a job loss, a significant change in income, or a change in custody that affects child support. Until the court enters a new order, the existing order remains in effect, so a petition should be filed as soon as the change occurs.

Can I Get Help Paying My Divorce Lawyer?

Possibly. In addition to APL, 23 Pa.C.S. § 3702 lets the court award reasonable counsel fees and expenses to a spouse who needs help paying for the litigation. Courts look at the financial resources of both spouses. Counsel fees are requested separately from APL.

Is APL Taxable?

For orders entered on or after January 1, 2019, APL and alimony payments are not deductible by the payer and are not taxable income to the recipient under federal law. Pennsylvania’s guideline percentages were adjusted at that time to account for the change. Orders entered before 2019 may be treated differently. Talk to your tax advisor about your situation.

How Graff & Associates Can Help

Whether you need APL to get through your divorce or you’ve been asked to pay it, the details of your income, your spouse’s income, and the timing of your filings make a real difference. Our attorneys can:

• Determine whether spousal support, APL, or alimony applies at each stage of your case
• Calculate guideline support and identify grounds for an upward or downward deviation
• Convert a spousal support order to APL, or respond to a conversion request
• Request counsel fees and health insurance coverage under § 3702
• Seek or defend against modification when circumstances change
• Plan for post-divorce alimony during negotiations and equitable distribution

Learn more about our divorce and alimony services, child support, and property settlement agreements.

Frequently Asked Questions About APL

Talk to a Pennsylvania APL Attorney

If your divorce has been filed, or you’re about to file, Graff & Associates can help you understand what support you may be entitled to or responsible for, and how it changes as your case moves forward. We serve clients in Philadelphia, Montgomery, Delaware, and Bucks Counties.

Graff & Associates, LLC Phone: 215-572-6868 123 Old York Road, Suite 200, Jenkintown, PA 19046

This page provides general information about Pennsylvania law and is not legal advice. Contact an attorney about your specific situation.e represent parents across Montgomery, Chster, Bucks, Delaware, and Philadelphia counties from our office in Jenkintown.