The longer a couple has been together the more that must be sorted out during an unfortunate divorce. These issues are infinitely trickier if there are young children involved. Divorces have a wide range of time-frames and outcomes, much as no two relationships are the exact same, so it goes for divorces. If a divorce is dragging on for months and months, very often a spouse who had not been the breadwinner may be feeling a tightening of their wallet. Having an experienced attorney who knows the state laws surrounding filing for temporary alimony may be the difference between being able to pay your bills on time or not.
Pendente lite, which translates from Latin to mean “awaiting or pending the litigation,” is a legal principal which seeks to help maintain a marital status quo during a divorce. There are many specific reasons you may be seeking Pendente lite relief, including The two primary uses of pendente lite relief are in the freezing of marital assets and providing temporary alimony before the conclusion of the divorce.
A judge may award pendente lite relief when one spouse has a significant financial advantage over the other or a greater financial need. This would be the case if one spouse leaves the matrimonial home and the remaining is unable to make the mortgage payments. The courts would prefer that both spouses remain monetarily sturdy, as the process of a divorce can be arduous. There’s also a good chance that pendente lite will be given to the spouse with current custody of the children since before a custody agreement is finalized they need to be taken care of.
If no agreement can be reached between the two spouses a motion for relief should be filed as soon as possible. The other spouse and their attorney will have 24 days before the motion date to answer.
As a final note it is important to remember that the outcome of a pendente lite relief motion may have an impact on future child support and alimony payments.
If you are seeking representation for a divorce, call today for a free consultation 800-709-1131 or fill out a contact form on our website for a no-cost consultation. We hope to hear from you today!