Pendente Lite Alimony

1. "Pendente Lite" means "pending the litigation." Pendente Lite relief, including support (for the spouse [i.e., alimony] and for the children) can be ordered by the Court (or agreed on by the parties) during the course of the divorce litigation. To obtain an Court Order for Pendente Lite relief, an appropriate Motion needs to be filed with the Court — the applicable Court Rules are:
   
   • Rule 5:5-4, which regulates the process of filing Motions in Family Actions
   • Rule 5:5-2, which addresses Case Information Statements
   • Rule 5:6A, which addresses child support
   • Rule 5:3-5, which addresses attorney fees
   • Rule 5:3-7, which addresses the remedies available for Violation of Order for Parenting Time, Alimony or Support
   • Rule 5:6B, which addresses Cost of Living Adjustments for Child Support Orders
   
   The issues typically addressed in Pendente Lite Motions(*) are:
   
   • Temporary Custody
   • Parenting Time
   • Child Support
   • Restraints on Dissipation of Assets
   • Spousal Support
   • Payment of Household Expenses (maintaining the "status quo")
   • Payment for Insurance – life; medical; automobile; homeowners; etc.
   • Use and possession of marital home and automobile
   • Appointment of Experts
   • Counsel Fees (both as to the preparation for the Motion and on a Pendente Lite basis)
   
   (*) Source: How To Prepare Pendente Lite Motions, 2005 Seminar Material, published by the New Jersey Institute for Continuing Legal Education [S1611.05]



2. N.J. Court Rule 5:7-2. Application Pendente Lite
   
   (a) Support Pendente Lite. Applications for support, counsel fees and costs pendente lite, whether made with the complaint or by notice of motion thereafter, shall be accompanied by a completed case information statement in the form set forth in Appendix V to these rules pursuant to R. 5:5-2. If this form has previously been submitted, amendments thereto must be filed with the court no later than eight days prior to the motion hearing date. A completed case information statement shall accompany the response to the application pendente lite. If previously submitted, amendments thereto must be filed with the court no later than eight days prior to the hearing date.
   
   (b) Restraints; Contempt. If pendente lite relief is sought, by way of preliminary restraint or to hold a party in contempt, the application shall be on petition and order to show cause.



3. Preparation of Pendente Lite Applications, by Charles F. Vuotto, Jr., Esq., published by the Family Law Department of Wilentz, Goldman & Spitzer



4. Where pendente lite support payments are unallocated between child support and alimony, the entire amount is attributable to the payee spouse’s income as alimony. Kean v Commissioner of Internal Revenue, 407 F.3d 186 (3d Cir. 2005).



5. Law Lesson from Gromek v. Gromek (App. Div., A-4825-03T1, Decided October 27, 2005, not approved for publication): Pendente lite awards are interlocutory in nature only and do not generally survive the final judgment of divorce unless otherwise stated in that final judgment. Mallamo v. Mallamo, 280 N.J. Super. 8, 12 (App. Div. l995).



6. Law Lessons from Husain v. Husain, (App. Div., Docket No. A-1003-04T3, Decided November 18, 2005, not approved for publication): A judge sitting in the Family Part has "broad equitable powers . . . to accomplish substantial justice," including that of retroactively modifying support orders. Weitzman v. Weitzman, 228 N.J. Super. 346, 358 (App. Div. 1988), certif. denied, 114 N.J. 505 (1989). Such equitable power includes the authority to modify pendente lite support orders at the time of entry of final judgment. Mallamo v. Mallamo, 280 N.J. Super. 8, 12 (App. Div. 1995).



7. Law Lessons from SITLER v. HAYMAN (App. Div., A-6519-04T2, March 27, 2006, not approved for publication): Pendente lite orders generally do not survive the entry of judgment unless "expressly preserved in it or reduced to judgment prior to the entry of final judgment." Mallamo v. Mallamo, 280 N.J. Super. 8, 12 (App. Div. 1995) (citing Bauza v. Bauza, 201 N.J. Super. 540, 542-543 (App. Div. 1985)).



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