What Happens to Alimony Pendente Lite and Alimony at Your Pennsylvania Divorce Decree

October 16, 2026

In a Pennsylvania divorce, the final decree is a deadline, not just a finish line. Under Pennsylvania Rule of Civil Procedure 1920.31, if you do not claim spousal support, alimony pendente lite (APL), alimony, counsel fees, or costs and expenses before the final decree is entered, those claims are deemed waived, unless the court expressly provides otherwise in its decree. Once the decree is entered without them, you may not get a second chance to ask.

That makes timing the real question. Where you raise each claim, and when, decides whether your support and alimony rights survive the decree.

Where Each Claim Has to Be Raised

Claims for Pennsylvania spousal support and alimony run on two separate tracks. Spousal support and APL are not included in the divorce complaint. They are raised by filing a support complaint with the county domestic relations section. In Lancaster County, filing for temporary spousal support or APL starts at the Lancaster County Domestic Relations Section.

Alimony works differently. It is an economic claim in the divorce case itself, and the court can award it only after a divorce decree has been entered. But it has to be claimed before that decree.^[1] A support case at Domestic Relations and an alimony claim in the divorce are separate filings. If you have one, do not assume you have the other.

What Happens to a Spousal Support Order When the Decree Is Entered

Many people assume support stops the day the divorce is granted. That is not always true. Under Rule 1920.31, when a divorce decree is entered, an existing spousal support order is deemed an APL order if any economic claims remain pending.^[1]

How can economic claims still be pending after a divorce is granted? Pennsylvania allows a bifurcated decree, where the court ends the marriage first and decides property division, alimony, and other economic issues later. The court can do this when both parties consent. Without consent, grounds for divorce must be established, the party asking for the decree must show compelling circumstances, and the court must find that sufficient economic protections are in place for the other party.^[2]

In a bifurcated case, support can continue past the decree as APL while the remaining issues are litigated. If you are paying support, the decree may not end your obligation. If you are receiving support, the decree does not automatically cut you off while your economic claims are still open.

Does Receiving APL Affect Whether You Get Alimony?

APL and alimony do different jobs. The court may award APL while the divorce is pending, along with reasonable counsel fees and expenses. The Superior Court has explained that APL is based on one party’s need to have equal financial resources to pursue the divorce, and that it depends on the state of the litigation rather than on the parties’ status as spouses.^[3]

Post-divorce alimony is a separate claim under a separate statute. The court may award it only if it finds that alimony is necessary. Receiving APL during the case does not guarantee alimony afterward, and the alimony decision is made under its own standard rather than carried over from the APL order. That is one more reason to make sure your alimony claim is properly raised before the decree.

How the Court Decides Alimony

Post-divorce alimony has no guideline formula. The court considers all relevant factors, including the 17 listed in 23 Pa.C.S. § 3701(b). Among them are the parties’ earnings and earning capacities, the length of the marriage, the standard of living during the marriage, contributions as a homemaker, and whether the person seeking alimony is incapable of self-support through appropriate employment.^[4]

Alimony is closely tied to how Pennsylvania divides marital property. One factor is whether the person seeking alimony lacks sufficient property, including property distributed in the divorce, to provide for reasonable needs. What you receive in equitable distribution can shape whether alimony is awarded and how much.

The court may consider marital misconduct during the marriage. Misconduct after the date of final separation is excluded, but the court must consider abuse of one party by the other. The court sets the duration, which may be definite or indefinite, and remarriage of the person receiving alimony terminates the award.

Frequently Asked Questions

What happens to my spousal support when my divorce is final?

It depends on whether economic claims are still pending. If they are, an existing spousal support order is deemed an APL order when the decree is entered. Once the case is fully resolved, any continuing support between former spouses generally has to come from post-divorce alimony, which the court awards only if it finds alimony necessary.

What if my divorce was finalized and I never asked for alimony?

Under the divorce rules, failing to claim alimony before the final decree is deemed a waiver of that claim, unless the court expressly provides otherwise in its decree. If your decree has already been entered, have a lawyer review your decree and filings promptly.

Is a spousal support case the same as an alimony claim?

No. Spousal support and APL are raised with the domestic relations section, not in the divorce complaint. Alimony is decided in the divorce case and must be claimed before the final decree. Having one on file does not mean you have the other.

Talk With a Lancaster Spousal Support Lawyer

The divorce decree is where support claims are kept or lost. At Lancaster Law Group, we fight to protect your support and alimony rights. Our Lancaster spousal support attorneys explain each step, from the first Domestic Relations filing to the final decree, so you know what to raise and when. We represent clients in family courts across Pennsylvania from our office locations.

If you are partway through the Pennsylvania divorce process and a decree is approaching, or you have been served with a support or divorce complaint, call (717) 696-6329 or schedule a consultation.

This article is general information, not legal advice. Reading it does not create an attorney-client relationship.