Pendente Lite Relief or Temporary Support. It is common for attorneys to request pendente lite relief when a divorce has been initiated. These are basically temporary orders to help maintain the status quo and spell out the “ground rules” while the divorce action is pending.

What does pendente lite hearing mean?

pending the litigation
In Latin, Pendente Lite means “pending the litigation”, which means that a Pendente Lite hearing is a time where orders can be made regarding the matters of a divorce, even if the divorce is still pending. This allows the court to provide a measure of relief to a party while awaiting litigation.

What can I expect from a pendente lite hearing?

At the hearing, the Court can award temporary relief to either party, including visitation, child support, alimony, attorney’s fees, litigation costs, maintenance of health insurance and use and possession of the family home (if residential custody is not disputed). …

What is the difference between spousal support and alimony pendente lite?

Alimony pendente lite is a payment from one spouse to the other while the divorce action is pending. In contrast to spousal support, there are no defenses to an alimony pendente lite claim. The award is based solely upon economic considerations.

Can you appeal a pendente lite order?

However, when attempting to appeal a non-final order (i.e., an “interlocutory” or “pendente lite” order), you must request permission from the Appellate Division, which is rarely granted. Generally, you must file the request for permission to appeal within 20 days of the date on which you received the order.

What is the difference between temporary and permanent spousal support?

Temporary alimony is ordered during a case, permanent alimony is ordered at the end of a case. Temporary spousal support ends until the court revises the order either by making a new order or after permanent spousal support is ordered. Permanent spousal support might not have an end date attached to it.

Can pendente lite orders be modified?

Pendente lite applies to temporary court orders that are in effect while a matter is pending. Once a pendente lite order has been put in place, it is possible to seek a change in the orders, but the process is not easy.

What is a motion for pendente lite relief?

Overall, in order to maintain the status quo, a divorcing spouse may file a Motion for Pendente Lite (awaiting the litigation in Latin), which is an application for temporary relief pending the final resolution or decision of a divorce case.

When to request pendente lite relief or temporary support?

What can a pendente lite order be used for?

Common types of pendente lite orders In a divorce, the most common types of pendente lite orders are temporary alimony, child support, and child custody. But pendente lite orders can be issued for a variety of issues, such as these: Blocking or restraining the dissipation of assets

What should you not do during the pendente lite period?

PENDENTE LITE PERIOD: WHAT NOT TO DO! MIS-STEPS AND MISTAKES DURING THE PENDENTE LITE PERIOD: WHAT NOT TO DO! After a case is filed certain behaviors are expected of the litigants in a divorce case.

How does a pendente lite application affect a divorce?

All too often a case that results of a pendente lite application in divorce litigation, will set the tone for the rest of the case and could effect the outcome of the settlement. By Charles F. Vuotto, Jr.