Pendente Lite Alimony

Pendente lite alimony is awarded temporarily to either spouse to pay for the divorce process. It does not determine permanent or rehabilitative alimony or whether alimony will even be awarded.

Additionally, neither “fault” nor the substantive issues of the case determine pendente lite alimony. The only considerations are the financial needs of the spouse seeking alimony and the ability of other the spouse to pay.

To obtain alimony pendente lite, the applicant must show:

  • Proof of marriage to the other spouse
  • The existence of a pending divorce
  • A cause of action or defense with some chance of success
  • Financial inability to support himself or herself and pay for the expenses associated with divorce
  • The ability of the other spouse to make payments

In an alimony or child support proceeding, a court may order one spouse to pay for the divorce litigation costs of the other spouse, which is called suit money.

Expenses that may be covered include counsel fees, expert witness fees, vocational rehabilitation counselors, costs for private investigators, travel expenses, deposition costs, and court costs where “reasonable and necessary.”

In determining the amount of suit money, a court will look at the spouses’ financial needs and resources and the justification for the divorce.

Maryland Pendente Lite Alimony Frequently Asked Questions

What is Pendente Lite Alimony?

Pendente Lite Alimony, also known as temporary alimony, is financial support awarded to one spouse during the divorce process. It is intended to maintain the status quo and ensure that both spouses can meet their financial needs until the divorce is finalized.

How is Pendente Lite Alimony determined in Maryland?

The court considers several factors, including the financial needs of the requesting spouse, the ability of the other spouse to pay, the standard of living established during the marriage, and the duration of the marriage.

When does Pendente Lite Alimony end?

Pendente Lite Alimony typically ends when the divorce is finalized. It does not continue after the divorce decree is issued.

Can Pendente Lite Alimony be modified?

Yes, Pendente Lite Alimony can be modified if there is a significant change in circumstances, such as a change in income or employment status of either spouse.

Is Pendente Lite Alimony the same as permanent alimony?

No, Pendente Lite Alimony is temporary and only lasts until the divorce is finalized, whereas permanent alimony (if awarded) continues after the divorce is finalized.

What factors does the court consider when awarding Pendente Lite Alimony?

The court considers factors such as the financial needs of the requesting spouse, the ability of the other spouse to pay, the standard of living established during the marriage, and the duration of the marriage.

Can I request Pendente Lite Alimony when I file for divorce?

Yes, you can request Pendente Lite Alimony when you file for divorce. The court will then decide whether to grant it based on the circumstances of your case.

What happens if my spouse refuses to pay Pendente Lite Alimony?

If your spouse refuses to pay Pendente Lite Alimony, you can file a motion with the court to enforce the order. The court may take action to ensure compliance, such as garnishing wages or imposing penalties.

Contact Our Montgomery County Alimony Lawyer

Contact our Maryland alimony lawyer for more information if you are seeking a temporary spousal support order.

(Updated 12/12/2024)