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#215132 - 03/13/09 12:48 PM alimony pendente lite
ADG Offline
Member

Registered: 01/15/08
Posts: 15
My wife was grated alimony pendente lite by the court last week. I’m told she could receive it for a long time, if we cannot come to a settlement. So far it’s what people would consider a nasty divorce.

If this continues to drag on which I think it will because she is asking for the world, are there ways to have the alimony stopped at some point.We were only married for 18 months.

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#215135 - 03/13/09 01:40 PM Re: alimony pendente lite [Re: ADG]
dvd Offline
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Registered: 04/02/07
Posts: 4167
I doubt it if she will receive any alimony for such a short marriage. However, here are the factors the judge would award her:

1) If you are rich and she makes minimal. The alimony could be in the form of lump sum pay out.

2) If you caused her personal injuries and great distress such as abuse during the marriage. The alimony will be similar at above.

Keep in mind that she can ask for the moon but it doesn't mean she will get it. Find a good attorney quick.

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#215138 - 03/13/09 01:47 PM Re: alimony pendente lite [Re: dvd]
ADG Offline
Member

Registered: 01/15/08
Posts: 15
In Pa they have two types of alimony. The alimony that I'm speaking about is for helping the other person if they make less to make the playing field even for lawerys fees.

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#215145 - 03/13/09 02:13 PM Re: alimony pendente lite [Re: dvd]
HevnMaidMe Offline
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Registered: 12/03/04
Posts: 4058
[i]I doubt it if she will receive any alimony for such a short marriage. However, here are the factors the judge would award her.[/i]

Read his first post. His wife "was granted" APL already.
_________________________
When you know better, you do better -- Maya Angelou

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#215147 - 03/13/09 02:19 PM Re: alimony pendente lite [Re: HevnMaidMe]
ADG Offline
Member

Registered: 01/15/08
Posts: 15
I apologize, but she was awarded it by a hearing officer, and my lawyer and I are appealing it to a judge on 4/27/09.

Sorry, and Thanks.

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#215149 - 03/13/09 02:33 PM Re: alimony pendente lite [Re: ADG]
HevnMaidMe Offline
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Registered: 12/03/04
Posts: 4058
Your lawyer is already on the way by appealing it. If that fails the attorney can reason or argue that the APL should last no longer than say 9 months, no longer that half the actual marriage and set an end date for her "benefits" to expire. I'm surprised she was even awarded it, as I thought you mentioned earlier she was working for a prominent official in PA.

What has since happened with her employment? If she quit, maybe show she voluntarily quit and still has the earning capacity and skills?

Something strange about PA courts and how quickly they seem to award APL. You're not the first post from that state that has written on this topic.
_________________________
When you know better, you do better -- Maya Angelou

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#215150 - 03/13/09 02:41 PM Re: alimony pendente lite [Re: HevnMaidMe]
ADG Offline
Member

Registered: 01/15/08
Posts: 15
It's crazy; they handle it the same way the handle child support. The same people do it, you go into a glorified clerk who takes your pay stubs, and put's your income in the computer, and who ever makes more pays 40% of the difference.

Yes she still works for the same official and makes $63,500 a year, with no children from this marriage or any other marriage. She's been there 25 years and has a city pension coming to her in 5 years.

Thanks

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#215153 - 03/13/09 03:13 PM Re: alimony pendente lite [Re: ADG]
HevnMaidMe Offline
Superstar
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Registered: 12/03/04
Posts: 4058
Hmmm have you checked into whether you'll be eligible for any part of her pension? If so, would the threat of losing it or any other assets she may have impact her decision to accept APL and lead her to think twice?

And wow, I can't believe it's so automatic, even with both parties working. Are you still residing together?
_________________________
When you know better, you do better -- Maya Angelou

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#215224 - 03/16/09 06:54 AM Re: alimony pendente lite [Re: HevnMaidMe]
ADG Offline
Member

Registered: 01/15/08
Posts: 15
That's the other point my lawyer wants to bring up. She left a year ago, and now she is applying for APL. This has been a nightmare for only an 18 month marriage. I can only image what it would be like if the marriage lasted for a long time.

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#215239 - 03/16/09 12:06 PM Re: alimony pendente lite [Re: ADG]
Densy Offline
Member

Registered: 08/11/08
Posts: 6
I messaged you, but also, if she left a year ago, you might want to ask about changing the divorce to a fault divorce... on grounds of abandonment... You have to do a lot of research on your own to see how these things work. My friend is in the same situation, and past lawyer was no help at all, found a new lawyer and things have totally changed. The system is unfair and she gets what she wants usually, but with a new lawyer, there is hope now! So research, dont give up, and dont "sit down and take it!" She is awarded APL if she wants it, but get a good lawyer and she cant keep collecting it, it is for the purpose of lawyer fees, etc... which she can clearly afford herself, she must keep the process moving and cannot stall on purpose just to collect this money. An aggressive attorney will file to terminate APL if this is happening. Short marriage is a positive on your side, she can't get away with as much as everyone will have you believe.

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