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What Is “Pendente Lite” Support?

Pendente Lite is Latin for “pending the litigation.” As such, Pendente lite support is relief given during the pendency of the action and prior to a settlement or final determination by the Court.

Pendente Lite relief may include a temporary determination of child custody, visitation, spousal support, exclusive use and occupancy of the marital residence or carrying charges on the marital residence, and can even include an Order forbidding the relocation of the spouse with the child/children of the marriage.

Pendente Lite relief does not include the distribution of the marital assets or debt as those are issues that will be determined in a final settlement or at trial.

The Court will determine if pendente lite relief is appropriate after considering the needs of the spouse requesting the relief, the financial circumstances of both parties and the pre-separation standard of living the parties shared.