Alimony pendente lite, or temporary spousal support, is given while a divorce case is pending. This type of spousal support provides continued support for a previously dependent spouse while the details of a divorce case are finalized.
How Temporary Alimony is Awarded
For temporary support to be awarded, courts in some jurisdictions require the citation of a statute specifically permitting it. However, other courts do not require statutory existence because of the working spouse’s pre-existing duty to support the dependent spouse. If temporary alimony is given, the amount is left to the court’s discretion and its award is not conclusive of a divorce’s main issues. Therefore, the decision to give temporary support doesn’t mean that permanent alimony will be given.
Requirements of the Request of Temporary Support
Because requests for temporary spousal support are incidental to divorce proceedings, applications are typically requested by motion or petition in the court in which the divorce case is handled. The requestor and their family law lawyers in Phoenixville, PA must show proof that:
• the couple is married,
• they need the financial help,
• the other party is able to pay.
Considerations Made to Determine Allowance
There’s no set rule for determining an alimony amount. Allowances are usually made according to law, and the court’s decisions aren’t usually overruled, unless they are unfair. Determinations are often made according to a case’s specific circumstances, and they consider the below factors:
• The requestor’s reasonable needs
• The other spouse’s ability to pay
• The pre-divorce standard of living
• The length of the marriage
• The requestor’s self-sufficiency
Determining an Amount
There’s no hard-and-fast rule to determine the amount of spousal support paid. Awards are usually made according to the previous standard of living, and the courts consider factors such as living expenses, transportation costs, and medical care expenditures. If temporary support is given, it lasts until the divorce decree is handed down or set aside.
Is it Necessary to Hire a Divorce Lawyer?
If a spouse is dependent on their partner for support, consulting David T. Schnarrs will help them become financially stable during divorce proceedings. In many cases, family law lawyers in Phoenixville, PA, will not only be able to get an alimony award, but they can help the client get their legal fees paid as well.
