Hi, Linda, Thank you so much for your kind patience,
"1. Would the fact that he receives pensions affect any support/alimony?
The amount of Spousal Support or Alimony is affected by any pension which your husband receives. Pennsylvania has strict support Guidelines which the Court must adhere to in calculating the amount the obligor must pay in Spousal Support or Alimony. The Court's starting point in calculating the amount which your husband would have to pay you is his Net Monthly Income, meaning that his monthly income is reduced by the amount which is withheld for taxes, Social Security, Union Dues, amounts, if any which he is obligated to pay to a previous spouse or for child support for any children he has. That amount is reduced by any income that you earn (I realize you said that you do not work, I am stating the law so that I can explain the steps involved in arriving at the support amount). That would then be your husband's net monthly income. The Net Monthly Income is multiplied by 40% and that amount would be your support. Please allow me to give you a hypothetical example, using hypothetical numbers,
Example - Assume that the Gross Monthly Income of husband ("H") is $6,000
Assume that the Federal, State, and Local Withholding taxes equal $2,000
And, assume H receives payments of $1,000 from a Pension Fund -
$4,000 + $1,000 = $5,000
H's Net Monthly Income equals $5,000. If H has Alimony obligations to a former spouse, the $5,000 would be reduced by the amount he pays to a former spouse and/or for child support. That would give you his Net Monthly Income.
Let us assume that there are no payments to a former spouse or for child support, so that H's Net Monthly Income is $5,000. Rule 1610.16-2(c)(2) under which this computation must be performed states that the Net Monthly Income of the Payor is multiplied by 40%.
$5,000 x 40% = $2,000.00 - This would be his obligation to you for Spousal Support or Alimony Pendente Lite.
The amount of Alimony is calculated by the Judge at the end of the Divorce Proceedings, Provided that your Attorney has requested it in the form of a Counterclaim in your Answer to your husband's Complaint in Divorce.
The Husband's Pension and any other retirement funds will affect Equitable Distribution - Equitable Distribution is the Proceeding in which the Divorce Administrator divides the marital property between the spouses. If the spouses disagree, either spouse can file an Appeal to the Court of Common Pleas and a trial will be held and the Judge will decide how the marital property is to be divided.
"Marital Property" is defined in the Pennsylvania Divorce Code as "All Property, both real and personal acquired, earned, or purchased during the marriage, regardless of whose name is on the title and regardless of who paid for the property, except for gifts, bequests, and inheritances, which remain the sole, separate property of the recipient spouse".
The importance of this section to you is that any portion of the Fidelity Pension and the Delphi Pension which was earned during the marriage is Marital Property and as such, in which you have an interest and is subject to division upon divorce.
For example, let us assume that your husband's Fidelity Pension totals $60,000 and his Delphi Pension totals $40,000. Let us also assume that $35,000 of the Fidelity Pension was earned during the marriage and that $ $25,000 of the Delphi Pension was earned during the marriage - $35,000 + $25,000 = $60,000. $60,000 of his Pension Funds was earned during the marriage. If you are awarded 55% of the Marital Proiperty, then you would also receive 55% of his Pension Funds as your share of the Marital Property - $60,000 x 55% = $33,000 would be your share of his Pension Fund,
Your also asked,
2. "...would it be in my best interest to file for a separation first?
In Pennsylvania there is no such thing as a "Legal Separation" as there is in some of the States. In Pennsylvania, you are either married, or you are "living separate and apart". Pennsylvania does not have formal Separation Agreements signed by the parties and entered as a Court Order. The parties may choose to define their rights and obligations in an "Agreement" in which they amicably decide that they will live separate and apart and that H will pay W, $X per month and if they divorce, then H will receive this and W will receive that, period. The Agreement simply defines the rights of the parties and what each spouse will receive upon divorce. It is basically a contract which both parties agree to.
Therefore, you would not be able to be "Legally Separated" in Pennsylvania because the Pennsylvania Divorce Code does not have such a provision.
You stated that, "... The house was purchased during the marriage both of our names are on it and its paid for But in need of major repairs.........."
3. "...and is he allowed to just come into this house anytime he wants as I have been told as his name is on the title? and also told that i cannot change the locks? "
Since the house was bought during the marriage and it was the "marital residence", one spouse may not preclude the other spouse from entering the marital residence, nor can the spouse who presently occupies the property exclude the other spouse by changing the locks. If one party can buy out the interest of the other party in the house, then the house does not have to be sold. If the parties cannot agree, then the Judge will Order that the house be placed on the market to be sold and that the sale proceeds shall be divided between the spouses in the same percentage as the udge has decided for the division of the other Marital Property. In the example (above) that I gave, I said let us assume that you were awarded 55% of the Marital Property. Now, let us assume that the property were placed on the market by Order of theJudge and the house was sold and the net proceeds equaled $200,000.
$200,000 x 55% = $ 110,000 would be your 55% share of the net proceeds from the sale.
If your attorney files a Petition for Spousal Support, he can ask that your husband pay you spousal suort according to the Pennsylvania Supreme Court Guidelines and also to pay say, 40% of the mortgage loan every month. He could also ask that the Judge Order your husband to pay for the repairs, but the Judge would probably divide the costs of repair between the two of you because your husband will be paying you Spousal Support.
I would have sent your Answer sooner, but my typing leaves a lot to be desired :)
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