Alimony Pendente

In divorce law cases, alimony pendente is defined as form of mandatory, but temporary spousal support or alimony before a divorce has actually been finalized. This form of temporary alimony can be called spousal support or maintenance in some jurisdictions, and depending on the specific case, may be ordered by a judge for one spouse to pay to the other pending the resolution of divorce proceedings. This form of support typically allows for a comparable lifestyle to be maintained, therefore, the actual amount widely varies on a case by case basis. Temporary alimony may also be considered most often in cases where children or dependants are involved in the dissolution of the marriage, or in cases where a clear and specific financial need is exhibited by one spouse and not the other, such as on-going medical conditions requiring health insurance coverage being continued.

Fast Facts

  • Alimony pendente is a form of temporary spousal support, which takes into consideration the current earning capacity of each spouse, versus other considerations such as childcare and personal living conditions.
  • Alimony pendente judgments may be avoided through mediation and agreeing with a spouse regarding financial support pending a divorce case.

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