Alimony pendente lite is alimony that is paid after a couple separates until the divorce is final. Divorces can take months or even years in some cases, and one spouse may need alimony during that period. That spouse can request alimony pendente lite.
Alimony pendente lite lasts until the divorce is over. However, a spouse cannot drag out the divorce for the purposes of prolonging the alimony. In order to receive alimony pendente lite, a spouse must ask the court during the divorce proceedings. The court will look at the issues it usually considers when determining whether to award other forms of alimony, such as the length of marriage, the standard of living during the marriage, the assets and income of both spouses, and other issues.
It’s important that if you are divorcing, you ask for all assets to which you are entitled from the marriage. If you believe you are entitled to alimony pendente lite, it’s important to seek it, not only to help paying your current bills, but also because alimony pendente lite often becomes the alimony that is awarded in the divorce settlement. If you receive a high amount of alimony pendente lite, it is more likely that you will receive a higher amount of alimony when the divorce is finalized.
Spouses may choose to agree on a voluntary amount of alimony pendente lite instead of it being determined by the court. In lieu of alimony pendente lite, the spouse with the higher income and assets may simply agree to pay certain expenses until the divorce is finalized. Alimony pendente lite could also be used for paying legal fees.