A spouse can ask the court for temporary alimony while a New Jersey divorce is pending, especially when one spouse relies on the other’s income. In New Jersey, a spouse can seek temporary alimony, also called pendente lite support, while the case moves forward. The court can make an alimony order while a matrimonial action is pending.
How do you request temporary alimony?
A request for temporary alimony generally requires a formal pendente lite application. The application may be made with the complaint or by notice of motion afterward. It must include a completed Case Information Statement (CIS) with information about income, expenses, assets and other financial circumstances. The responding spouse also must provide a CIS with the response.
Accurate financial information gives the court a clearer picture of both spouses’ finances. That information can affect the temporary support decision.
What will the court consider?
New Jersey law requires courts to consider relevant factors when deciding alimony. These include each spouse’s financial need and ability to pay, income and earning capacity, the marital standard of living, the length of the marriage and parental responsibilities. The law also lists other factors that may affect an alimony award.
Temporary support addresses financial needs while the divorce is pending. The amount may differ from the alimony awarded in the final divorce judgment. The parties’ financial circumstances of both spouses remain important throughout the case.
What financial records should you gather?
Gather records that show the household’s financial situation, including:
- Recent pay stubs and other income records
- Recent tax returns
- Bank and investment account statements
- Mortgage or rent records
- Utility and insurance bills
- Regular household and child-related expenses
- Records of significant debts or financial obligations
Reviewing these records can help identify missing information and clarify the financial circumstances relevant to a temporary support request. Good records can help present a clear financial picture.
What happens after the request?
The court may issue a temporary support order while the divorce continues. New Jersey law allows support orders to be revised or altered as circumstances change.
Temporary alimony can help cover essential expenses while the divorce is pending in New Jersey, but the process still requires careful financial documentation. Gathering income records, household expenses and other financial information early can help the court assess the request and determine an appropriate amount.