Edward R. Weinstein, Esq.Edward R. Weinstein, Esq.

Pendente Lite Spousal Support Guidelines in Monmouth County

Spousal support payments can be extremely important to a person. They can impact an individual’s financial life for years to come, whether they are the party paying the alimony or the party receiving the spousal support. Going through a divorce has many hurdles involved, ranging from emotional to financial.

Some of the aspects of divorce include property division, child custody orders, child support awards, and spousal support. Each of these elements can have significant importance, so understanding your rights for each scenario is equally important. By getting advice from an experienced spousal support lawyer, an individual can understand the pendente lite spousal support guidelines in Monmouth County.

Awarding Pendente Lite Spousal Support

A pendente lite spousal support award is a temporary award of spousal support while a couple is undergoing a divorce. Divorces can be very complicated and can take months, maybe even years, to complete.

In the meantime, the spouse entitled to support cannot reasonably be expected to wait for the completion of the divorce to start receiving spousal support.Pendente lite relief allows an individual to rely on spousal support to financially support themselves while waiting for a divorce to finalize with a final spousal support award.

When deciding the amount of support to be paid, the court will look at a number of factors. Some of these factors include the financial lifestyle of the parties when they were married, the length of the marriage, the age and health of the spouses, the income and education level of both parties, and any other factors the judge thinks are important. However, this will also take into account the expenses of each person now that they have to live in separate households.

Modification of Pendente Lite Award

Although a pendente lite award is a temporary agreement until a final order is issued, it may still be modified if there is a change in circumstances. One such change in circumstances is if spouse begins living with another person who can be relied on to provide financial assistance. This sort of relationship can decrease the amount of pendente lite support awarded.

The law used to require a new marriage for alimony to be decreased, which would not be possible in a pendente lite award, but now this applies to any relationship where there is cohabitation. Cohabitation is established through a set of factors such as shared responsibility for living expenses, social recognition as a couple, intermingled accounts, and living together.

What is the Relationship between Pendente Lite and Final Spousal Support Order?

Often pendente lite spousal support guidelines in Monmouth County are for the court when they are determining a final spousal support award. The amount awarded in the pendente lite spousal support order can have a huge impact if it eventually becomes the amount used for the final order.

However, one of the factors used in the final spousal support award is whether pendente lite support was paid and if so, how much. Therefore, the pendente lite award may decrease the eventual final support order.

How a Monmouth County Lawyer Can Help

Going through a divorce is hard enough, but the worries about the financial consequences can at least be reduced by speaking with a Monmouth county spousal support lawyer. Understanding pendente lite spousal support guidelines in Monmouth County can be the means by which a person can afford to get a divorce.

For the paying spouse, it may also be additional payments that are made before the divorce is finalized. A Monmouth County lawyer can help you understand what options you have regarding your case.