Legal landscape note: This article was originally published in 2018 and was reviewed and updated for republication in July 2026. New Jersey law changes frequently.
The divorce is still pending, but the mortgage, groceries, child expenses, and insurance premiums are due now. If one spouse controlled most of the household income, waiting for a final judgment can create an immediate financial crisis. Pendente lite relief gives a New Jersey court a way to set temporary support and other obligations while the case continues.
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. The most common uses of pendente lite relief are temporary spousal support, temporary child support, exclusive use of the marital home, restraints on dissipating marital assets, and interim counsel fees.
A request should connect each temporary problem to a specific proposed solution. If one spouse leaves the home and stops contributing, the motion can identify the mortgage, utilities, insurance, child-care costs, and available income rather than asking generally for fairness. If a business account or joint line of credit is at risk, the requested restraint should explain what must be preserved and why waiting for trial would cause harm.
Before filing, assemble current pay information, bank and credit-card statements, the Case Information Statement, proof of recurring household costs, and a short payment history showing what changed after separation. A temporary order built on incomplete numbers can create a monthly shortfall or an obligation the paying spouse cannot meet. Counsel can frame the relief requested, identify genuine emergencies, and distinguish temporary cash-flow needs from issues that require discovery before final resolution.
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. Pendente lite orders are temporary and can be revisited in the final judgment of divorce.