Temporary Alimony Attorneys Bergen County, NJ
What is "Pendente Lite" Support?
Alimony and spousal support can be one of the most contentious issues to decide during any Bergen County divorce. The supporting spouse wants to limit their required payout, while the dependant spouse wants to ensure they can maintain a lifestyle similar to what they enjoyed during their marriage after their divorce is resolved.
However, divorces often take a year or more to resolve, so sometimes, dependent spouses are left scrambling to make ends meet and pay their rent or mortgage during their divorce, all the while waiting for their divorce to be resolved to begin receiving the support they needed during their marriage.
This is where what is known as “pendente lite” support comes into play. Pendente lite is the legal term for alimony and support which can be sought during the divorce process itself before an alimony agreement is formally reached. Pendente lite support, or temporary support, is important for spouses who sacrificed their careers or the potential to earn a living to be primary caregivers to children, or caretakers of the family home, to continue to fulfill these responsibilities during their divorce.
At The Law Office of Townsend, Tomaio & Newmark, our attorneys have helped many clients across Hackensack, Fort Lee, Ridgewood, and the greater Bergen County area to successfully secure temporary alimony agreements during their divorce process. Contact our firm today to discuss your needs and concerns regarding a pendente lite agreement during your divorce.
Obtaining a Pendente Lite Agreement during a Divorce
There are two different ways to reach a pendente lite agreement during the divorce process. The first way is when the divorcing parties come to their own agreement regarding which parties will be responsible for which expenses, and if any additional support from one party to the other is necessary. As long as the courts believe the arrangement you reached with your spouse to be fair and reasonable, you and your alimony attorney can submit this informal agreement by writing the courts a “consent order,” and the temporary support arrangement you have reached with your spouse will become a formal pendente lite agreement, enforceable by law.
You may also obtain a temporary alimony agreement during your divorce by submitting a petition with the courts to review your case, and potentially award a temporary support agreement. This action is often taken when a spouse refuses to support the other during the divorce process, or when the support they are providing is insufficient.
This pendente lite petition will need to include documents known as a “Certification” and a “Case Information Statement”. A certification will provide financial information regarding your expected lifestyle, and the case information statement will provide financial information pertaining to the finances of your marriage, including the incomes of both parties, assets you possess, and a history of monthly expenses. These documents need to be as accurate as possible to ensure not only that you receive the pendente lite settlement you deserve, but also so that the temporary support agreement is granted in the first place.
Regardless of which method of obtaining temporary support may best suit your needs, it is highly recommended that you retain the counsel of an experienced alimony attorney during this process to ensure that the agreement you reach is fair to you, and legally valid.
How Will my Temporary Alimony Agreement Be Calculated?
If the divorce court finds that temporary alimony is necessary in your case, the court will attempt to find a pendente lite agreement that allows both parties to maintain the lifestyle they enjoyed during their marriage, or as close to it as possible. Of course, having the help of an experienced temporary alimony attorney can help persuade the court that temporary alimony is needed, or unnecessary, in your particular case.
When awarding temporary alimony, the courts will consider the same factors when deciding a final alimony agreement. For a better understanding of what those factors are, be sure to view our spousal support and alimony page.
Contact Our Hackensack Temporary Support Attorneys Today
At The Law Office of Townsend, Tomaio & Newmark, our attorneys have extensive experience helping clients across Bergen County with all manner of divorce-related issues, including pendente lite agreements. By practicing exclusively family law, our firm can focus on the issues most important to you and your family, and provide you with the compassionate, effective, and knowledgable legal service that you need to resolve any divorce or family law matter. To speak with our firm today in a free and confidential consultation regarding your divorce and your temporary support needs and concerns, contact our firm.