When a New Jersey couple is in the process of getting a divorce, there are many issues that must be agreed upon, negotiated in mediation, or decided upon by the court before the case is complete and the divorce proceeding is settled. Child-related issues such as custody and visitation have to be resolved. Financial matters must be understood and concluded. Property and living arrangements must be discussed.
All of these are generally completed when the divorce has been finalized, but what happens when a spouse is in need of financial support while the divorce process is going on? Can a spouse who is filing for divorce receive financial support before the divorce is over and the final terms such as alimony and child support have been settled? The answer is yes.
If a couple is divorcing and one member has been supporting the other during the marriage and the supported party will be unable to live without the spouse's support during the divorce, there is such a thing as temporary alimony, otherwise referred to as pendente lite support. This form of alimony will provide support to the needy spouse while the divorce is in progress and is often deemed non-taxable unallocated support.
Temporary alimony and the amount that the recipient will get is determined based on the judge's determination of what is required to maintain the lifestyle that the receiving spouse grew accustomed to during the marriage. The intention of temporary alimony is to enable the receiving spouse to pay for living expenses—car, home, food—along the lines of the same standard of living that had been established during the marriage. This is also known as the marital standard of living or the status quo. The justification for this is that the spouse who does not earn money should not be punished by having to drastically alter his or her lifestyle simply because there is a divorce in progress. This can be especially important if there are children involved and the supported spouse has no other means to support him or herself and the children in the manner to which they have grown accustomed.
There are numerous ways for a spouse to receive temporary alimony during the divorce. The first and easiest is to come to an agreement with the supporting spouse. If the divorce is on relatively good terms or there is a mutual interest involved such as making sure that the child is properly cared for, this will be a relatively easy way to handle the temporary support issue. Once the couple agrees to an amount that they deem fair, the attorneys will file a “consent order” outlining the agreement. The details of the temporary alimony are laid out, agreed to by the attorneys and signed off on by the judge.
Another method to receive temporary alimony is for the spouse in need to ask the judge for assistance. In certain divorce cases, the proceedings can be contentious with neither side willing to make it easier on the other. That level of noncooperation can extend to the supporting spouse refusing to provide support to the spouse in need. When requesting help from the judge, the needy spouse will ask for pendente lite relief. With this method, the financial proof as to the lifestyle in which the couple had lived prior to the divorce will be submitted via a document called a “Certification.” This is accompanied by a “Case Information Statement” which details the incomes, assets and bills. The ability on the part of the supporting spouse to pay will also be taken into consideration when the judge determines the amount of temporary alimony.
Are you or a loved one in the process of getting a divorce in Spring Lake, Manasquan, Wall Township or any other town in New Jersey and are concerned about financial support during the proceeding? If so, the Law Offices of Villani & DeLuca, P.C. in Point Pleasant Beach, New Jersey can assist you in learning the process to obtaining temporary alimony.
Getting a divorce can be a difficult and emotional process with many issues that you may not have considered. One of those issues is financial support while the divorce is going on. Even if you and your spouse are able to come to a reasonable agreement on your own as to how much spousal support will be provided while the divorce is in progress, the agreement must still be looked over by attorneys and signed by a judge. If the divorce is contentious, it is even more important to speak to an attorney to make sure that you are receiving support that you need until the divorce has been finalized.
Do not make the mistake of not filing the proper documents to receive temporary alimony during the divorce. Whether you are in Monmouth County, Ocean County or anywhere else in New Jersey, Villani & DeLuca, P.C. can assist you. Call 732-965-3404 today for a case evaluation.