What is Pendente Lite Relief?

Waiting until the end of a divorce to receive child support or alimony might seem like an eternity. As a result, most courts will award temporary child support or alimony while the case is pending. This kind of relief is known as “pendente lite” or relief pending the litigation. Thus, for example, a dependent spouse who cannot support herself while the divorce is pending and while the parties are living separately, may qualify for alimony pendente lite. Likewise, a parent who assumes responsibility for the children, but does not have the financial resources to support the children on his own may obtain a pendente lite order requiring his spouse to contribute child support.

Such pendente lite orders are important because they allow the parties to pay their bills, maintain balance and financial equilibrium while the case is pending. Pendente lite orders also prevent one party from asserting a financial advantage over another party who may have lesser means and fewer financial resources at her disposal.

Pendente lite relief comes in many forms. For example, a court can order one party to contribute to another party’s attorneys fees on a pendente lite basis. It might order one party to be responsible for mortgage payments, utility bills, tax and insurance bills, and other obligations on a pendente lite basis. A court can also issue a pendente lite order which restrains the parties from dissipating marital assets or from invading certain bank accounts or tampering with certain assets until a final divorce hearing is held.

A motion or request for pendente lite relief should be filed early in a divorce case, to ensure that financial obligations are met on a timely basis and to protect each party’s rights while the case is pending.

Not every person who demands pendente lite relief is entitled to it. In some cases, the court will deny pendente lite alimony or other support to a party who has other assets, or financial resources, or who refuses to work despite her capacity to do so. In fact, in an appropriate case, a party may ask a court to impute income to a spouse seeking pendente lite relief, and to treat that spouse as if she were earning more money than she actually earns because of her failure to obtain employment at her true potential.

Presenting a pendente lite motion to a court can be very complicated and can entail an understanding of the laws of alimony, child support, injunctions, property distribution, and many other areas. Please contact us if you need help.