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. |