Philadelphia Spousal Support & Alimony Lawyers

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Schwartz, Fox & Saltzman, LLC – Philadelphia Divorce Lawyers

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When Separation Changes Your Finances, Know What Comes Next

Separation can quickly raise questions about monthly bills, shared expenses, and whether one spouse may be required to provide financial support. The answer depends partly on whether you are separated, actively going through a divorce, or already divorced.

A Philadelphia spousal support lawyer at Schwartz, Fox & Saltzman can help you evaluate income, assets, existing obligations, and the timing of your case. Our Philadelphia alimony lawyers represent both people seeking support and people being asked to pay it, through negotiation or litigation when necessary.

You may benefit from legal guidance if you are:

Seeking financial support after separation
Being asked to pay spousal support
Addressing alimony pendente lite while a divorce is pending
Negotiating post-divorce alimony
Seeking to modify an existing support or alimony order

The right approach depends on where you are in the divorce process, your financial circumstances, and the type of support that may apply.

Which Type of Financial Support Applies to You?

Pennsylvania uses three forms of financial support at different stages. Understanding the distinction helps you identify what may be available now and what must wait until later in the Philadelphia divorce process.

Type of Support

When It Applies

Spousal Support

After separation, generally before a divorce complaint is filed

Alimony Pendente Lite

After a divorce complaint is filed and while the case remains pending

Post-Divorce Alimony

After the divorce decree, when support is ordered or included in an agreement

Spousal support and alimony pendente lite, commonly called APL, are related temporary remedies, but they do not run at the same time. Post-divorce alimony is different. Under 23 Pa.C.S. § 3701, a court may award it only when alimony is necessary.

For a closer comparison, see our guide to spousal support vs. alimony in Pennsylvania.

How Post-Divorce Alimony May Be Structured

Terms such as rehabilitative, reimbursement, and long-term alimony describe what an award may be intended to accomplish. Rehabilitative support may provide time to return to work, while reimbursement-oriented support may account for contributions to the other spouse’s education or earning power. Longer-term support may be considered when becoming self-supporting is not realistically achievable.

These are descriptive terms rather than separate formula-based categories under Pennsylvania law. The court still focuses on necessity and the statutory factors.

“We Are Immensely Thankful for Your Advocacy on Our Behalf” – Hear From Our Clients

    
 
 
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   Kayla Winter 
 
 
 
 Trustindex verifies that the original source of the review is Google. I had a wonderful experience working with Schwartz, Fox & Saltzman and 100% recommend them for your legal needs. I worked closest with Jenny Saltzman and trusted her completely. She always responded in a timely manner, had genuine concern for my case, communicated with me often about my case including my options and next steps, and overall was just very helpful. This was my 1st time needing legal services and this law firm easily guided me through it and did everything they could to take care of me. 10/10! Thank you!
  
 
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   Cristina Sanchez 
 
 
 
 Trustindex verifies that the original source of the review is Google. This place is AMAZING! I had the privilege of working mostly with Jenny Saltzman but the entire team is super friendly, professional, and knowledgeable. I love that Jenny uses SMART criteria. Jenny is focused, straight to the point, doesn’t sugarcoat anything, and creates a realistic plan of action for the optimal chance of success. Jenny keeps her clients on task, focused on what’s relevant and obtainable in order to achieve the desired outcomes, and takes as much time as needed with you in order to prepare. I also love how Jenny challenges you with questions to make sure everyone is on the same page and that everything makes logical and rational sense. You can tell right away that Jenny has been in this profession for some time, as she knows exactly how the process is going to go and what to expect. I always felt very well prepared for all my court hearings and never felt caught off guard at any time. I was completely satisfied with the outcome of my proceedings and would recommend Jenny to family, friends, and anyone looking for a competent, accountable, attorney to hop in the boxing ring with them.
  
 
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   Alexis Ogdie 
 
 
 
 Trustindex verifies that the original source of the review is Google. Jenny is amazing - really appreciated the simplicity of working with the office, her compassionate and outstanding work, and her availability. It made the whole process easier.
  
 
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   Jeremy Deiter 
 
 
 
 Trustindex verifies that the original source of the review is Google. I specifically worked with Jenny to represent me through my divorce process.  She was always honest, knowledgeable and non judgmental.  She worked to make the process efficient and as painless as possible.  Jenny is also very experienced and connected writhing the Philadelphia area.  Having worked with the other lawyer previously, she knew exactly how to manage my case to advocate for me and defend me.  At the end of the day, she always advocated strongly for me and advised me based on what was in my best interest.  I would highly recommend her to anyone going through the divorce and or custody process.
  
 
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   Bryan Batista 
 
 
 
 Trustindex verifies that the original source of the review is Google. Caitlin Fox was incredible from start to finish. She was highly knowledgeable, compassionate, and truly understood our family’s situation. Her diligence and dedication made a stressful and overwhelming process as smooth as possible. I’ve been with this law firm for about eight years, and from day one, the entire team has been exceptionally helpful. I highly recommend their services!
  
 
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   Meridith Greenbaum 
 
 
 
 Trustindex verifies that the original source of the review is Google. Words cannot express how caring, thorough, talented, committed and persistent this law firm was on behalf of me and my children throughout my divorce and 2 custody battles, lasting many years. Their level of dedication, patience, and experience were astounding and supportive.

How a Spousal Support or Alimony Case Moves Forward

A support case should reflect the correct income figures, the current stage of the divorce, and terms that remain financially workable.

Review your financial picture

Your attorney identifies income, expenses, assets, liabilities, and existing support obligations.

Determine the available remedy

The filing status of the divorce helps establish whether the issue involves spousal support, APL, or post-divorce alimony.

Document your position

Pay records, tax returns, benefits, business income, and other financial information are used to evaluate the claim.

Negotiate or present the case

Your lawyer may pursue an agreement, participate in a hearing, or litigate disputed income, entitlement, and duration.

When both spouses are willing to work toward an agreement, divorce mediation may offer a less adversarial path.

How Spousal Support and APL Are Calculated in Pennsylvania

Spousal support and APL begin with Pennsylvania’s support guidelines. Under the current Pa.R.C.P. 1910.16-4 calculation:

Without dependent children: The preliminary amount is generally 33% of the higher-earning spouse’s available monthly net income minus 40% of the lower-earning spouse’s monthly net income.
With dependent children: The calculation generally uses 25% of the higher-earning spouse’s available monthly net income minus 30% of the lower-earning spouse’s monthly net income.

For example, if monthly net incomes are $10,000 and $6,000 and there are no dependent children, the preliminary amount is $900: ($10,000 × 33%) minus ($6,000 × 40%).

This is only a starting point. Child support, other obligations, additional expenses, bonuses, business earnings, and disputed income can change the result. This guideline also does not calculate post-divorce alimony.

Learn more about how spousal support is calculated in Pennsylvania.

What Courts Consider When Awarding Post-Divorce Alimony

There is no fixed Pennsylvania formula for post-divorce alimony. Courts consider 17 factors under 23 Pa.C.S. § 3701 when deciding whether alimony is necessary and determining its amount and duration.

Important considerations include:

Earnings, earning capacity, and other income
Age and physical or mental health
The length of the marriage
The marital standard of living
Education and time needed to obtain employment
Assets, liabilities, and property received in the divorce
Homemaker contributions and childcare responsibilities
Tax consequences and the ability to become self-supporting

No single factor controls the outcome. When support interacts with businesses, retirement accounts, or substantial property, a high-net-worth divorce may require additional valuation and cash-flow analysis.

How Long Can Spousal Support or Alimony Last?

Spousal support generally addresses the period after separation and before a divorce complaint. APL generally applies while the divorce is pending and ends when the divorce decree is entered.

Post-divorce alimony may be ordered for a definite or indefinite period that the court considers reasonable. Pennsylvania does not impose a fixed rule awarding one year of alimony for every three years of marriage.

Marriage length matters, but so do health, employability, childcare obligations, property received in the divorce, and the time needed to become self-supporting.

When Financial Support Can Be Modified or End

Court-ordered alimony may be modified, suspended, terminated, or reinstated after a substantial and continuing change in circumstances. Job loss, disability, retirement, or a significant income change may be relevant.

A request should be filed promptly because a modification generally applies only to payments accruing after the petition. The language of a marital settlement agreement may also affect whether negotiated support can be changed.

Certain events can end or prevent post-divorce alimony. The recipient’s remarriage terminates a court award. Qualifying post-divorce cohabitation can bar alimony, while death generally ends the right or obligation unless an agreement or court order provides otherwise.

What Happens If Court-Ordered Support Is Not Paid?

Stopping payment without obtaining relief can create arrears. Enforcement measures under 23 Pa.C.S. § 3703 may include:

Entry of a judgment and interest
Attachment of wages
Seizure of property
Civil contempt proceedings
Possible incarceration for willful noncompliance
Counsel fees and costs

If you cannot comply with an order, seek advice about modification rather than allowing arrears to accumulate. If payments are not being received, an attorney can help identify the appropriate enforcement procedure.

Why Philadelphia Clients Choose Schwartz, Fox & Saltzman for Spousal Support & Alimony

For more than 40 years, Schwartz, Fox & Saltzman has helped Philadelphia-area families resolve divorce, support, custody, and property matters, including disputes where financial obligations can significantly affect both parties after separation.

Because the firm represents both support recipients and payors, our attorneys understand the financial issues from both sides of a claim. We help clients evaluate salary and other income, assets, existing support obligations, and the records needed to present an accurate financial picture.

That perspective also helps clients weigh the practical tradeoffs between negotiating an agreement and taking a disputed issue to court. Whether the disagreement involves entitlement, the amount or duration of support, modification, or enforcement, the goal is to pursue terms that are legally supportable and financially workable.

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Spousal Support and Alimony FAQs

Can spousal support be denied?

Yes. Spousal support is not automatic. The guideline may produce no obligation, entitlement may be disputed, and Pennsylvania law recognizes defenses or bars in certain cases. Both the income calculation and the facts affecting entitlement must be evaluated.

Is spousal support or alimony taxable?

For federal tax purposes, payments under divorce or separation instruments executed after December 31, 2018 generally are not deductible by the payer or included in the recipient’s gross income.

Older instruments may remain subject to previous tax rules unless a later modification expressly adopts the newer treatment. A tax professional should review the specific agreement.

Does a support order continue if one spouse moves out of state?

Usually, relocation alone does not eliminate an existing support obligation. Interstate procedures may be used to enforce the order, although which state has authority to modify it depends on where the parties live and how the order was entered.

Can support be negotiated outside of court?

Yes. Spouses may negotiate through counsel or use mediation to address the amount, duration, payment method, modification, and termination of support.

The agreement should be written carefully because its enforceability and whether it can later be changed may depend on the language used and how it is incorporated into a court order.

Protect Your Financial Future With a Clear Support Strategy

The right support strategy begins with accurate financial information and a clear understanding of which Pennsylvania remedy applies.

Schwartz, Fox & Saltzman can help you assess a proposed payment, prepare a support claim, negotiate workable terms, or respond when an existing order no longer reflects your circumstances.

Schedule a consultation to discuss your income, obligations, divorce timeline, and the next step that best protects your financial position.

Call 215-967-9070 or send the firm a message.