What Is Pendente Lite Support
Pendente lite support is a court order requiring one spouse to pay the other financial support while the divorce case is ongoing. The term comes from Latin meaning "pending the litigation." This is temporary support that lasts only until the judge issues a final divorce decree, at which point it terminates and is replaced by permanent spousal support (if awarded) or ends entirely.
Unlike final spousal support determined at the end of your case, pendente lite support is meant to address immediate financial needs during what can be a lengthy divorce process. Many divorces take 6 months to 2 years to resolve, depending on complexity and whether you contest major issues like custody or asset division.
How Pendente Lite Support Is Calculated
Calculation methods vary by state, but most follow predictable formulas. Many states use income-based guidelines similar to child support calculations. For example, some jurisdictions cap pendente lite support at 30 percent of the paying spouse's gross income minus 50 percent of the receiving spouse's gross income. Others apply flat percentages or statutory formulas based on the length of the marriage.
Courts also consider whether you have dependent children, since that affects both spousal support and your household expenses. The paying spouse's existing child support obligations reduce the amount available for pendente lite support.
- Income documentation required: recent tax returns, W2 forms, and pay stubs
- Typical duration: from filing through final judgment
- Modification possible: if either spouse experiences a material change in income or circumstances
- Enforcement: contempt of court if payments are missed
Pendente Lite Support vs. Final Spousal Support
Pendente lite support and permanent spousal support are not the same. Pendente lite support is temporary and designed to level the financial playing field during divorce proceedings. Final spousal support, awarded at the end of your case, can last for years or be permanent depending on your state's laws and the length of your marriage.
The amount may also differ. A judge might award lower pendente lite support to maintain current living standards during the litigation, then award higher or lower permanent support based on the full financial picture revealed during discovery.
When to Request Pendente Lite Support
You typically request pendente lite support through a motion filed early in the divorce process. Many people file this request at the same time they file for divorce or shortly after. Some courts hold hearings within 2 to 4 weeks of the motion. You will need to demonstrate financial hardship and show that your spouse has the ability to pay.
If your spouse is hiding income or you suspect underemployment, bring documentation showing what they actually earn or could earn. Courts dislike being misled about income and may impute (assign) higher earnings based on work history or education.
Common Questions
Does pendente lite support stop automatically when I get divorced?
Yes. Pendente lite support terminates on the date the final divorce judgment is entered. At that point, any permanent spousal support award takes over, or the obligation ends completely if the judge did not award permanent support. Make sure your final decree clearly states the end date to avoid confusion.
Can pendente lite support be changed while my divorce is pending?
Yes, either spouse can request modification if circumstances change materially. A job loss, reduction in hours, serious illness, or unexpected childcare expenses can justify a modification hearing. You must file a formal motion and show the change was not foreseeable when the original order was issued.
What if my spouse stops paying pendente lite support?
You can file a contempt motion with the court. The judge can order makeup payments, impose fines, or in serious cases, hold your spouse in contempt. Consistent documentation of missed payments strengthens your case. Some states allow you to garnish wages or intercept tax refunds if payments fall significantly behind.