What is temporary alimony?

When a couple divorces the process itself can be lengthy. During that time, assuming the couple is separated but the court has not yet rendered it final decision, the dependent spouse may not have the finances to continue on her own. To alleviate the problems inherent in this situation, divorce courts can assign "pendente lite," or a temporary alimony. This is only designed to last until the divorce case itself is finalized. Any alimony awarded by the court as part of the final divorce settlement will be received following the conclusion of the case.

The amount of the temporary alimony in those states which allow it is determined by the court. And, should the court decide to award temporary alimony during the divorce process, it is not a guarantee that the court will award a permanent alimony. The temporary alimony ceases when the divorce decree is final. Should the spouse paying the alimony fall behind, the court may demand that the back payments be made, or they may waive them, depending on the court's discretion.

The request for temporary alimony is made by filing a petition or motion in the divorce court. The spouse requesting the temporary alimony must first demonstrate that there is a marital relationship to the spouse to whom the request is being made. Additionally, this spouse must demonstrate that he/she has a real financial need, and that their spouse has the financial where with-all to pay the alimony.

In determining the temporary alimony award the court will review the circumstances that make up the case. Those circumstances include: the financial need of alimony; the standard of living that existed during the marriage; the length of time the marriage lasted; the financial ability of the other spouse to pay alimony; and the age and health condition of each spouse.

The individual laws may differ from state to state in those which allow temporary alimony. The other states simply go by the law that there is a reasonable maintenance expectation in a marriage.