Pendente Lite Alimony Payments in New Jersey

Pendente lite means “during the proceedings.”  A party may seek an order for support and other relief after a divorce case has begun pending the outcome. When determining pendente lite alimony payments in New Jersey, a court may be asked to order payment of spousal support so that the parties maintain the status quo until the case is resolved with a final award.

The time before reaching an alimony agreement can be overwhelming and confusing. A hardworking spousal support attorney can help you comply with pendente lite alimony rules. Call today to find out more.

Factors in Determining Pendente Lite Alimony

Generally, a determination by a court of an alimony award differs from the process for determining child support in that there is no formula for alimony. When deciding on child support, different criteria are used after income is calculated, such as the parenting time arrangement, the obligation and amount of medical expenses, or whether there is only work-related childcare. These factors are inputted into a child support guidelines worksheet to formulate a concrete number.

The Court will not set a “pendente lite” alimony award unless the parties consent to an amount, or in the alternative, a motion is filed for such an award to be set (usually by the party seeking support.  Significantly, the Court also has the power to order what is known as “unallocated pendente lite support”, meaning that there is one amount paid from one party to the other that incorporated both pendente lite alimony and child support.  This is often done on a motion filed early in the case for a “pendente lite support” order when the children reside with the party seeking support, as the Court does not necessarily have the ability to separate expenses for the children from expenses of the spouse.

The Court will examine the parties’ case information statements to determine the incomes and expenses. Based on this examination and the other statements made by the parties as to issues pertinent to support, the Court can then make a finding as to the amount of pendente lite alimony (or pendente lite unallocated support).  The Court has the duty to balance the needs of the spouse requiring support with the ability of the paying spouse to make payments and simultaneously maintain his or her own expenses.  It is often the case that neither party is satisfied with the result, as the needs of two households greatly exceed the needs of one.

A question often asked is whether the pendente lite order of support has any bearing on the final order of support.  This depends on the circumstances of the parties.  It does occur that the amount set forth in the pendente lite order becomes part of the final order.  However, there is a different standard applied when there is a hearing on the issue of a “final” award of alimony.  The Court may consider the pendente lite alimony, but it must also examine numerous statutory factors that may not have been relevant on the request for a pendente lite award.  It is important to discuss with a New Jersey attorney these issues, as each case has unique circumstances that may be critical to the final decision.

Legal Counsel in New Jersey Can Advise Your Pendente Lite Alimony Payments

Having a legal advocate at your side can be beneficial when determining how much spousal support you should give or receive. A New Jersey attorney can explain how pendente lite alimony payments work during case proceedings and how to achieve a satisfying spousal support agreement. Schedule a consultation with Moskowitz Law Group today to learn more.