What is alimony pending litigation?

Posted on: 30 June 2016

Divorce is often a difficult time for the parties involved. Besides the emotional toll of separating with somebody and the potential harm the separation could inflict to your kids, financial considerations can turn out to be huge stressors during the divorce. This is especially true when one partner has greater financial muscle than the other. If this is the case, what can you do to safeguard your rights in spite of the inequality in financial means? Read on for more insight.

File for spousal support even as the divorce proceeds

Divorce proceedings may be lengthy depending upon the matters under litigation. As a result, the financially dependent spouse may find himself or herself at a great financial disadvantage because of the loss of income usually supplied by the financially independent spouse. Therefore, the financially dependent spouse, through their divorce solicitor, can file for alimony pending litigation.

Understanding alimony pending litigation

Alimony pending litigation is a type of spousal support that's applicable from the date you file your divorce complaint until the divorce is finally settled. The objective of this type of spousal support is to make sure the dependent spouse is capable of moving forward economically during the entire divorce period until its finalization. The primary wage earner is responsible for supporting the dependent spouse. Once the divorce is settled, the alimony pending litigation is terminated.

For you to be awarded alimony pending litigation, you must show a great need as well as prove a serious disparity in earning potential. For example, you'd probably be eligible if your spouse is earning $200,000 and you're only involved in housekeeping and upbringing of the kids. Additionally, if you're physically disabled and unable to support yourself, you can also bring up this argument when filing for this type of support.

Given that the idea of alimony pending litigation is to assist the dependent spouse litigate the marital break-up, this support may still be awarded even if the spouses still reside together. You can use the support payments from your independent spouse to pay for legal fees during the divorce. Additionally, the money can also be used for your personal living expenses.

In conclusion, not many people are aware that they can file for spousal support even as the divorce proceeds. Indeed, this can be a rather confusing process; therefore, it's wise to contact a divorce solicitor before undertaking it. After all, you don't have to financially struggle during the period of separation when you have the option of alimony pending litigation.

For more information, contact experienced solicitors in your area. 



Family, Divorce and Immigration Law: A Blog

Welcome to my blog. My name is Carrie. A few years ago, my husband and I got a divorce. It was complicated because my husband was from abroad, and he was still in the midst of his immigration process during the divorce. Luckily, we both had amazing attorneys who were knowledgeable about divorce, child custody laws and immigration. My ex-husband's attorney helped him switch his visa application from one based on our relationship to one based on investments, and he helped with every other aspect of the divorce as well. My attorney provided me with a wealth of help and information. In this blog, I am going to write about the intersection of divorce and immigration law as well as about topics like sharing custody with a partner in another country. I may delve into other law topics as well. I hope you find these posts useful. Thanks for reading.

Latest Posts