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When can you file a “pendente lite” motion during divorce?

On Behalf of | Jun 19, 2024 | Divorce |

The divorce process brings about a considerable shift in existing living arrangements and standards. Sometimes, one spouse may need to secure temporary support from the other pending the finalization of the process.

This type of motion pending the final ruling is also referred to as pendente lite. Here’s what can be addressed:

Marital home arrangements

You can file a pendente lite motion to address issues related to the marital home arrangements. This includes seeking temporary financial support to cover mortgage payments, property taxes, utilities and other essential expenses associated with the marital residence until the divorce is finalized. Such motions are crucial for ensuring both parties maintain a stable living situation during the divorce proceedings, particularly when one spouse may be unable to afford these expenses independently.

Child support arrangements

Before the final orders on child support are determined, you can file a pendente lite motion to request temporary child support. This is essential to ensure that the children’s immediate needs are met during the divorce process. The court may consider factors such as each parent’s income, the children’s needs and the standard of living during the marriage when deciding on temporary child support payments.

Your maintenance

You can also file for temporary spousal maintenance through a pendente lite motion. This allows a spouse to request financial support from the other spouse to maintain their standard of living similar to what they had during the marriage, pending the finalization of the divorce. Temporary spousal maintenance is particularly important when one spouse has been depending on the other financially during the marriage and needs support to cover living expenses until a final settlement is reached.

To better understand how to go about the process of filing a pendente lite motion, consider seeking legal guidance.