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PendenteLite
Pendente lite alimony is an allowance made to either party pending litigation for a divorce or an annulment. The allowance includes whatever monetary payment is needed for preparation of the suit and support and only lasts through the duration of the suit. The amount awarded is not determinative of the amount of rehabilitative or permanent alimony and whether either will be awarded at all. Furthermore, “fault” is not an issue in a pendente lite hearing nor are the substantive issues of the case. The only considerations are the financial needs of the party seeking alimony and the ability of the party paying alimony to pay.
To obtain alimony pendente lite, the applicant must show:
1. A marriage between the alimony seeker and the one from whom it is sought
2. The existence of a pending divorce
3. A cause of action or defense with some chance of success
4. Financial inability to support himself or herself and/or prosecute/defend the action and
5. The ability of the non-dependant spouse to make payments
The purpose of pendente lite alimony is to prevent you or your spouse from entering into financial hardship due to the institution of litigation. Like rehabilitative and permanent alimony, pendente lite alimony is intended to cover any of your “necessaries,” such as food, clothing, and shelter, which you could not otherwise cover yourself
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