How Can You Receive Spousal Support Before Divorce Is Final?
Yes, it is possible to receive spousal support before the divorce is finalized. This type of support is called “pendente lite” support, meaning temporary support pending the final divorce judgment. Its purpose is to maintain the financial status quo as much as possible.
If your spouse is in a better financial position, the court may require them to contribute to your expenses. For example, they might pay a portion or all of the household bills or mortgage instead of giving you direct payments. This ensures you have financial stability while the divorce is underway.
Why Is Temporary Spousal Support Important During a Divorce?
Temporary spousal support ensures fairness during the divorce process. It is designed to address the immediate financial needs of the lower-earning spouse. If the court finds a significant financial imbalance, it aims to equalize conditions between both parties.
Without this support, you might face unnecessary financial struggles, particularly if you depend on your spouse’s income. The support helps cover basic living costs, such as housing, utilities, and food, so you can focus on your divorce proceedings without added financial stress.
What Steps Should You Take to Apply for Pendente Lite Support?
If your spouse does not willingly provide support, you will need to request it from the family court. This requires filing a legal document known as a case information statement. This document outlines your financial details, such as income, expenses, debts, and assets, and the same information from your spouse.
You must present your financial needs clearly and accurately. The more detailed and truthful your case information statement is, the stronger your application for temporary support will be.
When Can You Expect a Judge to Grant Temporary Spousal Support?
The court typically evaluates temporary spousal support requests based on your household’s financial history. Judges will consider how expenses were handled during the marriage and aim to replicate that system as closely as possible.
If approved, the order may include specific requirements for your spouse, such as paying utility bills, covering rent, or directly transferring funds to you. However, the timeline for approval depends on your case’s complexity and the court’s schedule.
Who Qualifies for Temporary Spousal Support in Divorce Cases?
You may qualify for pendente lite support if you can demonstrate a financial imbalance between you and your spouse. Courts prioritize maintaining stability and fairness, especially if your spouse holds a significantly better financial position.
If needed, you can also request the court to order your spouse to cover legal fees. This ensures you have access to quality representation, leveling the playing field during the divorce. This option is particularly helpful if your spouse has greater resources.
Temporary spousal support can be a vital tool for maintaining financial stability during the stressful divorce process. By understanding the purpose of pendente lite support and taking the necessary legal steps, you can protect your financial well-being and focus on the next steps in your divorce proceedings.
