Pendente Lite

Pendente lite means "pending the litigation." When the court makes an order, for example, for temporary alimony or child support, which lasts only until the date of a divorce trial or until the parties to a lawsuit work out a settlement, it is a pendente lite order.

Pendente lite should not be confused with lis pendens. Lis pendens also means pending lawsuit. But lis pendens is a document filed in the public records of the county where particular real property is located stating that a pending lawsuit may affect the title to the property. Because nobody wants to buy real estate if its ownership is in dispute, a lis pendens notice effectively ties up the property until the case is resolved. Lis pendens notices are often filed in divorce actions when there is disagreement about selling or dividing the family home.

Pendente Lite Relief or Temporary Support

While your divorce is pending, your lawyer may ask for pendente lite relief. Basically, these are temporary orders that outline how everything will be handled until the divorce is finalized. Some issues that may be addressed are temporary custody, visitation, support, how the bills will be handled, and who gets to reside in the family home.

The lifestyle maintained by you and your spouse during your marriage provides the foundation upon which to determine the appropriate level of pendente lite support. The principle and purpose of any pendente lite award is to continue the standard of living maintained by both of you during the course of the marriage, often referred to as the “marital status quo.” A spouse is not required to change his or her mode of living merely because the other spouse has quit the marital relationship. Instead, the standard at which you and your spouse actually lived will form the basis of a pendente lite award.

Alimony Pendente Lite (APL)

Alimony pendente lite is commonly referred to as APL and means "alimony pending the litigation". Alimony pendente lite is alimony paid after a couple separates until the divorce is final. It is designed to provide support during the divorce process so each spouse can maintain his or her standard of living. Alimony pendente lite is also referred to as temporary alimony or temporary spousal support.

When a couple separates, their financial situation changes. A spouse may have basic expenses, such as a mortgage, that he or she can't afford alone. Alimony pendente lite helps a spouse cover expenses and maintain his or her former lifestyle until the divorce is settled. The spouse with the greater income may provide a monthly payment or pay the necessary bills. Alimony pendente lite may also be used to help pay the dependent spouse's legal fees.

Alimony pendente lite legally ends when a divorce is final. However, alimony pendente lite often becomes the alimony awarded in the divorce settlement.

How Alimony Pendente Lite (APL) is determined

The amount of alimony pendete lite is determined by the couple's current situation. A court looks at the needs of the dependent spouse, the means of the supporting spouse, and the amount required for each spouse to continue living as they had during the marriage. The amount awarded should be enough so that each spouse can live equally comfortably until the divorce is final.

The amount of support that a party is required to pay is determined, in most cases, by the uniform statewide guidelines. In awarding alimony the court is not limited to considering the actual income of the parties, but will also take into consideration the total assets of the parties and each parties earning capacity. The court will consider a variety of factors before making an award of alimony. Those factors may include, but are not limited to the following:

• The relative earning and earning capacities of the parties;
• The ages and physical, mental, and emotional condition of the parties;
• The sources of income of each party, including but not limited to medical, retirement, insurance and other benefits;
• The expectancies and inheritances of the parties;
• Duration of the marriage;
• Contribution by one party to the education, training or increased earning power of the other party;
• Property brought to the marriage by either party;
• Contribution of the spouse as a homemaker;
• The relative needs of the parties and the tax ramifications of an award

You and your spouse can come to a voluntary agreement regarding alimony pendente lite. You may negotiate a set monthly amount or divide up expenses. Your lawyer should review your agreement before you sign to make sure the conditions are fair. Once a judge signs the agreement, the terms are binding.

If your spouse provides little or no support, the court can order an alimony pendente lite award. You must file an application for temporary alimony and provide documentation of your income, expenses, and way of life. Generally, the court reviews your information and makes a decision within a few months of your initial application.