Pendente Lite Support Pending Divorce

Pendente lite support is temporary support, established during the pendency of a divorce, intended to preserve the financial status quo, or marital standard, of the parties until equitable distribution and alimony are resolved, between the parties or by a judge, and a final judgment of divorce is obtained. The span of time between separation or the filing of a divorce complaint and actually obtaining a divorce can sometimes take years making pendente lite support a critical issue for both parties. Although the intent is to continue the status quo existing prior to the marriage and ensure an economically dependent party is not left destitute, pendente lite support often leaves both parties lacking. Expenses often increase during this time as there is typically another residence to support and, if there are children, the party vacating the residence must have adequate housing for themselves and the children or they will be in an inferior position when it comes to parenting time. Often, parties will separate but make efforts at resolution for long periods of time prior to filing for divorce. During this time, if things are amicable, the party who vacates the marital residence may simply obtain quarters adequate for sleeping and little more such as a spare room at a friend's residence, their old bedroom at their parent's house or similar. They will continue to provide the bulk of their income to the family for household expenses and be comfortable "getting by" for the interim. Unfortunately, this period of time can establish a precedent and, if a divorce complaint is filed, either the supported or supporting spouse can find themselves in a very difficult financial situation without enough assets for themselves if a judge decides a motion for pendente lite support using this period of separation as the model for the "marital standard." If you are considering divorce, prior to leaving your residence, you should consult with an experienced divorce attorney in order to discuss your needs, your family's needs and your financial situation. An experienced family law attorney can protect you from finding yourself with a pendente lite support order which will leave you financially destitute. For more information about divorce, child support, custody, emancipation and other family law issues in NJ visit DarlingFirm.com. This blog is for informational purposes only and not intended to replace the advice of an attorney.

Alimony During Separation

Many people living in New Jersey, who may be deciding whether or not to initiate divorce proceedings against their spouse, might be wondering about issues that arise between separation and the time the divorce is final such as spousal support or alimony during separation. A common question of those considering divorce is, if you and your spouse are separated, are either of you entitled to alimony or spousal support before the issuance of a judgment of divorce? In the state of New Jersey, a court will, under certain conditions, award either party temporary financial spousal support before a divorce is finalized. The court will consider the standard of living that the parties were enjoying before their separation and can compel one party to pay a temporary financial support amount so that the less financially secure party can maintain a decent lifestyle throughout the divorce process. This type of financial spousal support is called pendente lite alimony, and it is awarded as a means to keep both parties at their "status quo" until they reach a property settlement and/or custody agreement or receive a Judgment of Divorce. When considering the amount of pendente lite alimony to award, the court will not consider the factors that are typically used to determine more permanent forms of alimony such as a party's future ability to earn an income or the potential effects of the parties' future division of property. Instead, to arrive at the temporary pendente lite alimony sum the court will look to the parties' cost of living by evaluating the couple's monthly utility bills, mortgage payments, and respective current incomes. Therefore, the pre-judgment alimony award will often be a very different amount than the alimony that is eventually awarded when the divorce is finalized. The pendente lite award will cease when the divorce is officially over and will be exchanged for a different type of alimony at that time, if the court deems it necessary. If you are separated or considering a divorce and think that you may be entitled to alimony or child support, it is imperative that you seek out the advice of an experienced attorney before moving forward. For more information about alimony, spousal support, divorce, or other family law matters in New Jersey visit HeatherDarlingLawyer.com and NJCivilUnionLaw.com. This blog is for informational purposes and in no way intended to replace the advice of an attorney.