Pendente lite is a Latin term meaning “pending the litigation.” When it’s mentioned in divorce proceedings, it refers to temporary relief granted by a court to maintain stability until the case resolves.
This kind of relief protects the financial and personal well-being of spouses and children, who are often emotionally and financially challenged as divorce cases play out.
If you’re in the middle of a divorce, you may wonder how to manage living expenses, secure custody arrangements, or remain in the family home while everything is still undecided. This is where pendente lite orders come into play.
Let’s break down what pendente lite means, what it covers, and how it works.
What Does “Pendente Lite” Mean in Divorce Law?
Pendente lite refers to temporary court orders issued while a divorce or separation case is ongoing. These orders can provide financial support, determine child custody and visitation, cover attorney’s fees, and even grant one spouse the right to stay in the marital home.
The purpose of these orders is to preserve the status quo. That means keeping the family’s lifestyle, housing, and financial arrangements as stable as possible until a final judgment is entered. Courts recognize that without these protections, one spouse or the children could be placed at an unfair disadvantage during the proceedings.
Why Is Pendente Lite Relief Important?
Divorce can take months or even years to resolve. During that time, one spouse may be left without sufficient income, stable housing, or access to the children. Pendente lite relief provides a temporary solution to fix these gaps.
Without this relief, one spouse might not be able to pay rent, purchase groceries, or retain legal counsel. In some cases, the absence of pendente lite orders could even result in homelessness or the interruption of a child’s schooling.
Pendente lite orders allow the legal process to move forward while protecting both parties’ rights and dignity. Courts don’t want one party taking unfair advantage of the situation because they have more resources.
How Long Does the Pendente Lite Process Take?
How quickly can I get a hearing for pendente lite relief?
Typically, you can expect to get a hearing scheduled within 2-4 weeks of filing your motion. However, this timeline varies by jurisdiction and court availability.
Can I get emergency relief faster?
Yes, if you’re facing immediate financial hardship or safety concerns, courts may grant temporary orders within days.
What to Expect at Your Pendente Lite Hearing
What happens during the hearing?
The hearing is typically brief. You’ll present your financial needs to the judge, and your spouse may argue against your request.
Do I need to testify?
Yes, you’ll likely need to testify under oath about your income, expenses, and needs. Be prepared to answer questions about your financial documents.
Will the judge make a decision immediately?
In most cases, yes. Judges typically issue their decision at the end of the hearing.
Sample Pendente Lite Motion Checklist
Before filing your motion, gather these essential documents:
Financial Documentation:
- Last 3 years of tax returns
- Recent pay stubs (last 3 months)
- Bank statements (last 6 months)
- Credit card statements
- Monthly expense list
Legal Requirements:
- Completed financial affidavit
- Motion for pendente lite relief
- Supporting affidavit explaining your situation
- Certificate of service
What Should You Do If You Need Pendente Lite Relief?
If you’re considering divorce or are already in the middle of one, and you’re financially dependent on your spouse or need help with child-related expenses, you should act quickly.
Here’s how to request pendente lite relief:
- Consult a Family Law Attorney: An experienced divorce lawyer can help you assess what relief you’re eligible for and how to present your case.
- Gather Documentation: Courts require clear evidence of income, expenses, assets, and debts. Be ready to submit a sworn financial statement and any relevant tax returns or pay stubs.
- File a Motion Early: Because pendente lite relief is time-sensitive, file your motion as soon as possible after initiating or responding to the divorce.
- Stay Compliant: If you’re on the receiving end of a pendente lite order, follow it. Failing to comply can lead to penalties and harm your position in the final ruling.
What Types of Temporary Relief Are Included?
Courts can issue a wide range of pendente lite orders depending on the circumstances. While the specifics vary by jurisdiction, the following types of relief are commonly available:
Temporary Spousal Support (Alimony)
This is intended to help one spouse maintain a reasonable standard of living during litigation. For example, the District of Columbia allows pendente lite alimony retroactive to the date the request was filed.
Child Support and Custody
Courts can issue temporary child support amounts and custody arrangements to keep things stable for children. These orders can include health insurance coverage and decisions about parenting time.
Attorney’s Fees and Legal Costs
If one party controls the majority of marital assets, a judge can require that person to pay some or all of the other party’s legal expenses so both have a fair chance in the proceedings.
Housing and Property Use
Courts can award one spouse exclusive use of the marital home, even if it’s owned jointly. They can also freeze or restrain the sale or transfer of marital assets to prevent one party from hiding or spending funds.
Other Appropriate Relief
Judges have broad discretion to order additional temporary measures as necessary to promote fairness and minimize disruption.
How Do Courts Decide on Pendente Lite Relief?
Courts weigh a variety of factors when determining whether to grant pendente lite relief and what form it should take. These include:
- The income and earning capacity of each spouse
- The standard of living established during the marriage
- Each party’s current expenses and access to housing
- Who has primary caregiving responsibilities for the children
- The duration of the marriage
- Any evidence of financial abuse or asset concealment
In New York, for example, pendente lite maintenance is calculated with statutory formulas that account for income differences between spouses and whether child support is also being paid.
In D.C., the court may also order wage garnishment or asset seizure to enforce temporary support orders. They can also penalize employers who retaliate against workers subject to such orders.
Can Pendente Lite Orders Be Changed or Enforced?
What if my circumstances change during the divorce?
Either spouse may request a modification if circumstances change. For example, if one party loses a job, becomes ill, or discovers hidden financial information, they can file a motion to adjust the existing order.
What happens if someone doesn’t follow the pendente lite order?
Pendente lite orders are enforceable just like any other court order. Courts can use wage garnishment, property seizure, or even contempt of court penalties to ensure compliance.
It’s also worth noting that pendente lite awards can be made retroactively in many jurisdictions. That means a spouse who delays payments could end up owing a lump sum later.
How Long Do Pendente Lite Orders Last?
Pendente lite orders remain in effect until the court issues a final divorce decree. Once the case is resolved, the court will replace these temporary orders with permanent rulings regarding support, custody, and property division.
However, because temporary relief can influence a judge’s final decision, especially in custody matters, it’s important to treat pendente lite hearings seriously and to present strong evidence at the outset.
Pendente Lite FAQs
Is pendente lite the same as alimony?
Not exactly. Pendente lite alimony is temporary and meant to provide support during the divorce. Permanent alimony is awarded after the divorce is finalized.
Can I get custody during the divorce?
Yes. Courts can issue temporary custody orders pendente lite to protect children’s stability while the case is ongoing.
Can I stay in the marital home?
A judge may grant you exclusive use of the family home if it’s fair and necessary, even if you don’t own it or your name isn’t on the deed.
The Purpose of Pendente Lite
Divorce is a difficult thing, but pendente lite relief can make the process less difficult. Whether you’re worried about paying bills, keeping your children safe, or staying in your home, these temporary orders can help you maintain a sense of stability and control while your case moves forward.
If you’re in the early stages of divorce or separation and unsure of your legal options, speak to a qualified family law attorney to explore pendente lite relief in your state.
Resources
https://www.law.cornell.edu/wex/pendente_lite
https://www.nysenate.gov/legislation/laws/DOM/236
https://code.dccouncil.gov/us/dc/council/code/sections/16-911
