In Pennsylvania, when spouses separate, there are two forms of monthly payments one spouse may seek from the other. The two forms are spousal support and alimony pendente lite. Spousal support and alimony pendente lite are calculated in the same fashion. However, a spouse cannot receive both. Further, alimony pendente lite is only available if a divorce action is pending. A major difference between spousal support and alimony pendente lite is that the payor spouse may claim an entitlement defense when a party seeks spousal support. Entitlement defenses are not available to defend against an alimony pendente lite claim. Because of this, when a divorce action is pending, it is common that the party earning less income will seek alimony pendente lite.
Recently, the state Superior Court published an opinion in the case of S.M.C. v. W.P.C ., 44 A.3d. 1181 (Pa. Super. 2012). The S.M.C. case analyzed entitlement defenses to spousal support. This case is important for new practitioners as it provides an education in the area of entitlement defenses and provides a refresher for practicing attorneys who have not seen the issue for quite some time.
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