How Do Bills Get Paid During Divorce? Understanding Pendente Lite Support
Divorces in New Jersey can sometimes be protracted and there is often a need to establish support orders to ensure that bills get paid during the divorce. This is called pendente lite (latin for “awaiting the litigation”) support, which is support for a spouse and children during the divorce process.
Pendente Lite support, also known as temporary support, is a type of financial support ordered by a court in New Jersey during the pendency of a divorce or separation action. The Court’s authority to order this type of support is found at N.J.S.A. 2A:34-23 which provides:
Pending any matrimonial action brought in this State . . . the court may make such order or maintenance of the parties. . . as the circumstances of the parties and the nature of the case shall render fit, reasonable and just, and require security for the due observance of such order.
This type of support is intended to provide financial assistance to the dependent spouse and children while the divorce proceedings are ongoing.
Specifically, New Jersey Courts have found that the purpose of pendente lite alimony is to provide support for the dependent spouse while the divorce action is pending and to maintain the status quo as it existed at the time the action was instituted." - Lepis v. Lepis, 83 N.J. 139 (1980) This support can consist of child support, spousal support, the payment of certain bills and expenses including the mortgage, utilities and private school or college tuition.
In New Jersey, pendente lite support is determined based on the needs of the dependent spouse and the ability of the supporting spouse to pay. The court will consider various factors, including the income and assets of both parties, the standard of living during the marriage, and the needs of any children involved.
The purpose of pendente lite support is to ensure that the dependent spouse can maintain their standard of living while the divorce proceedings are ongoing. It is also intended to ensure that the dependent spouse has the resources necessary to participate in the divorce proceedings and to hire an attorney if necessary. "Pendente Lite support orders are subject to modification at any time upon a showing of changed circumstances," Mallamo v. Mallamo, 327 N.J. Super. 597 (App. Div. 2000).
It is important to note that pendente lite support is not the final determination of support. The court will make a final determination of support at the conclusion of the divorce proceedings, taking into account the same factors considered when determining pendente lite support. The Court even has the power to modify the pendente lite support including adjusting the amount of support at the time of the Final Judgment of Divorce to correct any errors in pendente lite awards.
It is important to consult with a qualified family law attorney in New Jersey when seeking pendente lite support. An attorney can help you understand your rights and obligations, and can assist you in presenting your case to the court in the most favorable light. If you are thinking of divorcing your spouse or are worried about receiving appropriate support during a divorce please contact Georgia Fraser, Esq. of Fraser Family Law Office at (609(223-2099 to schedule a consultation.