Spousal support

Under the law in Pennsylvania, the primary wage earner of the marriage has a legal duty to support the dependent spouse.  The purpose of spousal support is to make certain that the dependent spouse in a marriage is able to continue financially during the time period before the divorce is finalized.  Once the divorce is finalized, the spousal support is terminated.

In general, if there are no minor children involved, spousal support is equal to 40% of the difference in the parties' net monthly incomes.  But if there is a child support order in place, spousal support is equal to 30% of the difference in the parties' net monthly incomes after credit is given to the primary wage earner for the child support payment. 

When there is change in the financial condition of the parties such as a change in employment or earnings, either party can file to have the support support obligation altered based on the new circumstances.

Calculating Spousal Support

When calculating spousal support, there are many factors that need to be considered.  Calculating the net monthly income is not always as simple as it sounds.  It can be confusing trying to determine what expenses can and cannot be deducted from the gross earnings to arrive at the net income.  Some income can be included while other income, such as SSI, cannot.  There may be defenses raised to the claim for spousal support that either need to be addressed or defended.  There may be claims for a mortgage contribution or direct payment credits.  These are issues that the experienced attorney Stephen Barcavage understands.  He can assist you as the primary wage earner or the dependent spouse.