Marital property is defined simply as all property acquired by either party during the course of the marriage, prior to the date of final separation.
Property acquired prior to the marriage or after the date of separation is excluded from marital property, as are gifts and inheritances received by either party at any point before, during, or after the marriage.
Spousal support will be awarded to assure a dependent spouse a reasonable living allowance.
The duty to pay spousal support arises out of the marriage and terminates when the marriage ends.
To determine property distribution, the court will take into consideration several factors such as length of the marriage, parties’ ages and health, parties’ earning capacity, etc.
A determination must be made as to what assets between the parties are marital.
Secondly, filing for divorce on fault grounds is a more extensive litigious process, and thus much more expensive for the party filing for divorce.
If any of those grounds can be proven, the dependent spouse will not be entitled to support.
There are three forms of spousal support– Alimony Pendente Lite, or APL, which is a Latin phrase meaning “alimony pending litigation,” Spousal Support, and Alimony.
The claim for alimony must be raised prior to entry of the divorce decree, or else it is waived.
Alimony is awarded to ensure that the reasonable needs of a person are met, and can last for a definite or indefinite period of time.
Generally speaking, Pennsylvania is a fairly unique commonwealth when it comes to the operation of family law and divorce.