Pennsylvania Motion for Pendente Lite Relief

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Multi-State
Control #:
US-02526BG
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Description

Pendente lite refers to an order which is in effect awaiting the litigation (lawsuit). It is often used in divorce law to refer to court orders such as temporary child support, visitation, or alimony which are in effect until the case is tried, or rights which cannot be enforced until the lawsuit is over. Pendente lite matters are contingent on the outcome of the underlying litigation. Sometimes a party is required to deposit funds with the court pending the outcome of the lawsuit. If the depositing party loses the lawsuit, the funds are paid to the opposing party.

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FAQ

To obtain alimony pendente lite, the applicant must show: Proof of marriage to the other spouse. The existence of a pending divorce. A cause of action or defense with some chance of success. Financial inability to support himself or herself and pay for the expenses associated with divorce.

?Pendent lite? spousal support allows courts to order temporary spousal support to maintain the financial status quo between the parties during divorce proceedings.

Alimony Pendente Lite (APL) is Latin for Alimony ?pending the litigation.? Unlike Spousal Support, the purpose of APL is to assist the financially dependent spouse by providing financial support to assist in the legal costs of the divorce proceedings.

If the parties have minor children in common, the presumptive amount of an award of pendente lite spousal support and maintenance shall be the difference between 26 percent of the payor spouse's monthly gross income and 58 percent of the payee spouse's monthly gross income.

Pendente lite. (pen-den-tay lee-tay) adj. Latin for awaiting the litigation (lawsuit). It is applied to court orders (such as temporary child support) which are in effect until the case is tried, or rights which cannot be enforced until the lawsuit is over.

1920.31 precludes parties from raising claims for child support, spousal support, and alimony pendente lite as counts in a divorce action. Instead, parties shall file those claims in the domestic relations section as a separate action from the divorce.

Background on Pennsylvania Support Spousal Support is paid to a spouse after separation but before a divorce is filed. Alimony Pendente Lite (APL) is paid to a spouse after a divorce is filed, but before the divorce is finalized. Alimony is paid to a spouse after the divorce is finalized.

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Pennsylvania Motion for Pendente Lite Relief