Temporary Support Orders During Divorce: Complete Guide to Pendente Lite Financial Protection
The Basics of Temporary Support Orders
When you find yourself going through a divorce with your spouse, certain rights are entitled to you which may only be enforced through the courts. Therefore, when you have filed for a divorce from your spouse, you're able to petition the court in order to pass certain orders to protect your own interests. One of these court orders can be for your spouse to help support you financially before your divorce gets finalized. Below are some of the basics of a temporary support order during the divorce proceedings.
Understanding Temporary Support Orders
Temporary support ordered by the courts is a type of maintenance or alimony which is paid by the other spouse when going through the divorce proceedings. In some cases, it's also called a pendente lite temporary financial support. This term indicates that the support order is only valid up until the divorce becomes finalized.
The divorce court will usually only award an amount to the lower earning spouse in order to help them take care of their basic needs before the divorce proceedings conclude. A temporary support order will enable a spouse to maintain their marital standard of living while going through separation and divorce.
Filing Requirements for Temporary Support
To obtain temporary support, you will be required to file a motion or written petition to the court to explain why you deserve the support. You will also need to supply evidence to support this request. The supporting evidence may include:
- Pay stubs
- Credit card bills
- Bank records
- Student loan balances
- Rent payments
Each of these documents will aid the court in matching your expenses against your own income.
How Does Temporary Spousal Support Get Awarded?
The rules which govern whether or not you can qualify for temporary support will vary depending on where you live. In most states, the judge for your case will review the following factors in order to decide whether you can be awarded temporary support:
| Factor | Description | Court Consideration |
|---|---|---|
| Each spouse's financial conditions | The overall need of support from the requesting spouse | On top of all of these factors, the divorce court will focus mainly on the requesting spouse's immediate financial needs and the other spouse's ability to be able to pay for these needs |
| The ability for the financing spouse to pay for the support | The health status and age of both spouses | The determining factors deciding whether you get alimony or not are very different from those which are used to determine whether you get temporary support |
| The job experience and employability of both spouses | Both spouse's work potential | The share of each spouse's blame in the divorce |
Can Temporary Support Become Permanent?
Temporary support orders will end as soon as a divorce has concluded. There's never a guarantee that you will be entitled to a set alimony once you are divorced.
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Generally, temporary support is only meant to help spouses who are financially needy get prepared for the effects of being divorced. Permanent spousal support is typically awarded when there is a huge difference in wealth between each spouse. An example of this would be when one of the spouses has been disabled or unable to work during the marriage while the other one was able to work and made good money.
Factors To Take Into Consideration Before Seeking Financial Support
There are no guarantees that you can get financial support before your divorce gets finalized. However, in order to increase your chances of getting temporary support, you will need to ensure a few things:
- One thing you should be sure of is that there is a set distinction between the amount you make and the amount your spouse makes in income
- Secondly, you have little to no influence or blame on the decision to get divorced
- Thirdly, your spouse needs to be in a financial position in order to meet your needs
The Take Away
Aside from making sure all of the conditions get met, it is important to to seek the help of an experienced lawyer to work with you to build a strong case to not only get you the temporary support you need but to also get you the alimony you deserve once the divorce has finished.
A lot of spouses soon find themselves facing financial dilemmas once they have filed for a divorce. It is not always easy to maintain your former lifestyle. However, a sure way to stay financially stable through the divorce process is to petition the court for a temporary support order.