§ 3103. Definitions.
The following words and phrases when used in this part shall have the meanings given
to them in this section unless the context clearly indicates otherwise:
"Alimony." An order for support granted by this Commonwealth or any other state to a spouse or
former spouse in conjunction with a decree granting a divorce or annulment.
"Alimony pendente lite." An order for temporary support granted to a spouse during the pendency of a divorce
or annulment proceeding.
"Convicted." Having been found guilty, having entered a plea of guilty or nolo contendere or having
been accepted into Accelerated Rehabilitative Disposition.
"Divorce." Divorce from the bonds of matrimony.
"Grounds for divorce." The grounds enumerated in section 3301 (relating to grounds for divorce).
"Irretrievable breakdown." Estrangement due to marital difficulties with no reasonable prospect of reconciliation.
"Personal injury crime." An act that constitutes a misdemeanor or felony under any of the following, or criminal
attempt, solicitation or conspiracy to commit any of the following:
18 Pa.C.S. Ch. 25 (relating to criminal homicide).
18 Pa.C.S. Ch. 27 (relating to assault).
18 Pa.C.S. Ch. 29 (relating to kidnapping).
18 Pa.C.S. Ch. 30 (relating to human trafficking).
18 Pa.C.S. Ch. 31 (relating to sexual offenses).
18 Pa.C.S. § 3301 (relating to arson and related offenses).
18 Pa.C.S. Ch. 37 (relating to robbery).
18 Pa.C.S. Ch. 49 Subch. B (relating to victim and witness intimidation).
75 Pa.C.S. § 3732 (relating to homicide by vehicle).
75 Pa.C.S. § 3742 (relating to accidents involving death or personal injury).
"Qualified professionals." Includes marriage counselors, psychologists, psychiatrists, social workers, ministers,
priests, rabbis or other persons who, by virtue of their training and experience,
are able to provide counseling.
"Separate and apart." Cessation of cohabitation, whether living in the same residence or not. In the event
a complaint in divorce is filed and served, it shall be presumed that the parties
commenced to live separate and apart not later than the date that the complaint was
served.
"Spousal support." Care, maintenance and financial assistance.
(Nov. 29, 2004, P.L.1357, No.175, eff. 60 days; Apr. 21, 2016, P.L.166, No.24, eff.
60 days)
2016 Amendment. Act 24 added the defs. of "convicted" and "personal injury crime."
2004 Amendment. Act 175 amended the def. of "separate and apart." Section 5(1) of Act 175 provided
that the amendment shall apply to complaints served before, on or after the effective
date of par. (1).
Cross References. Section 3103 is referred to in section 5948 of Title 42 (Judiciary and Judicial Procedure).
Notes of Decisions
Cited in
34
cases (
6 in the last 5 years), 1991–2025 · leading case:
McCoy v. McCoy, 888 A.2d 906 (Pa. Super. Ct. 2005).
McCoy v. McCoy, 888 A.2d 906 (Pa. Super. Ct. 2005).
· cites it 4× “Husband contends that although the parties continued to live in the same household, as of December 31, 1996, they lived “separate and apart” as that term is defined in section 3103 of the Divorce Code, 23 Pa.C.S. § 3103. The determination of the separation date obviously impacts…”
Musko v. Musko, 697 A.2d 255 (Pa. 1997).
· cites it 10× “, 12a-13a (emphasis added). APL is defined in the Divorce Code as: "An order for temporary support granted to a spouse during the pendency of a divorce or annulment proceeding.”
Wagoner v. Wagoner, 648 A.2d 299 (Pa. 1994).
· cites it 2× “" 23 Pa.C.S. § 3103. Its purpose is to provide the receiving spouse with sufficient income to obtain the necessities of life.”
Gordon v. Gordon, 647 A.2d 530 (Pa. Super. Ct. 1994).
“” 23 Pa.C.S. § 3103. In Thomas v. Thomas, 335 Pa.”
Costlow v. Costlow, 914 A.2d 440 (Pa. Super. Ct. 2006).
“In its opinion, the trial court responded to Husband’s issues and in particular cited 23 Pa.C.S. § 3103, which defines APL as “an order of *442 temporary support granted to a spouse during the pendency of a divorce or annulment proceeding.”
Schmidt v. Krug, 624 A.2d 188 (Pa. Super. Ct. 1993).
“ether the court erred in concluding two properties to be marital property, when the parties agreed that these properties were to be separate property of wife, and in the alternative, if these properties are marital, failed to correctly find that the properties resulted in a loss…”
Kern v. Taney & Attorney Gen., 11 Pa. D. & C.5th 558 (2010).
“Section 3102 of the Divorce Code, providing the legislative findings and intent for the Divorce Code, states, in pertinent part: “The family is the basic unit in society and the protection and preservation of the family is of paramount public concern.”
Ryan, L. v. Ruize, L., 268 A.3d 1109 (Pa. Super. Ct. 2021).
· cites it 4× “§ 5948, titled “Confidential communications to qualified professionals,” which provides as follows: Communications of a confidential character made by a spouse to a qualified professional as defined in 23 Pa.C.S. § 3103 (relating to definitions)[4] shall be privileged and…”
Schreiber v. Kellogg, 849 F. Supp. 382 (E.D. Pa. 1994).
“See now 23 Pa.Cons.Stat.Ann. § 3103, added in 1990.”
Bianchini, C. v. Zhu, X. (Pa. Super. Ct. 2018).
· cites it 5× “The date of final separation revolves around the definition of “separate and apart.”
— 23 Pa. Cons. Stat. § 3103(a) — 1 case
— 23 Pa. Cons. Stat. § 3103(a)(3) — 1 case
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.