23 Jun What is Pendente Lite Alimony in Divorce Proceedings?
If you’re going through a divorce, you may be overwhelmed by the sheer number of parts to the process. There are many aspects to divorce that may be unfamiliar to you, particularly because there are so many different circumstances under which a couple may separate. One legal procedure that may be utilized in a Florida divorce proceeding is a petition for pendente lite alimony, a term that most people haven’t heard of (and many of those who have gone through a divorce). However, it is important to know because you may encounter this situation during your divorce proceedings, and the more you know, the less stressed you will be.
What is pendente lite alimony?
Pendente lite alimony is also known as “temporary alimony”. It is money that is given by one spouse to the other spouse in order to pay for expenses that are incurred while divorce proceedings are still pending. Just as a judge orders regular alimony to be paid after a divorce if he or she determines that one spouse has significant financial need, a judge may order one partner to pay pendente lite alimony if the couple is separated but the divorce has not been finalized. Pendente lite alimony is temporary and usually ends once the couple is officially divorced. However, it may be replaced by a different form of alimony or child support. The purpose of this type of alimony is to ensure that one spouse has the financial means to pursue divorce proceedings.
How is it determined?
Not everyone will be ordered to pay or receive pendente lite alimony – it depends on the nature of the divorce, the situation of the couple, and the financial means of each partner. If one spouse shows a significant financial dependency on the other, pendente lite alimony may be considered. It is determined by a formula that takes into account the financial status of both spouses, as well as expenses such as legal fees and child care. If one spouse earns significantly more than the other, that person will usually be the one paying pendente lite alimony.
How can your attorney help?
Your attorney can assist in these proceedings by explaining the process to you, as well as telling you if you are eligible for pendente lite alimony. If you are, your attorney will guide you through the process petitioning the Family Court for the award.