Financial Support Through the Divorce Process – Pendente Lite Support & How It Could Help You

Marriage is more than an emotional commitment. It is a legal commitment, too. Married couples often have finances that are deeply intertwined, and spouses frequently sacrifice potential earnings to help further the relationship. When spouses divorce, it is fairly common that one spouse may have a greater income or more means to care for himself or herself than the other spouse. Without help, the spouse with fewer means can have a very difficult time covering living expenses and covering the costs of the divorce process. Divorce can be very difficult, even without added financial concerns, especially when children are involved. Thankfully, the legal relationship created through marriage can give spouses with fewer means some legal rights to financial assistance during the divorce process. Tennessee and other states have a solution that helps to alleviate a spouse’s financial strains during divorce called pendente lite support.

What Is Pendente Lite Support?

Pendente lite (Latin for “pending litigation”) support refers to a type of temporary alimony that a spouse receives while the divorce process is still ongoing. Pendente lite support is intended to help cover the expenses of a divorcing spouse who is less able to pay his or her own expenses or less able to pay for the needs of the couple’s children during the divorce. It is an important legal mechanism for spouses who contributed to the marriage in uncompensated ways such as homemaking, and for spouses who may simply be a lower earner than the other spouse. Pendente lite support helps to place spouses on equal footing during the divorce process and helps to ensure that the expenses involved with divorce do not bar someone from seeking a divorce.

When Is Pendente Lite available?

Tennessee Code § 36-5-121(b) lays down the ground rules for pendente lite support. Pendente lite can cover a wide range of expenses, including a spouse’s basic needs (e.g. food, clothing, housing), educational expenses (e.g. college education expenses of one spouse), job training expenses, child care expenses, and more. Importantly, pendente lite support also can help a spouse with less means find and pay for an attorney during divorce proceedings. If you and your spouse are divorcing and you have expenses that you cannot cover without the help of your spouse, pendente lite could be an excellent option for you to get the help you need.

How Does It Work?

Judges have broad discretion in determining when a spouse should receive pendente lite support and what expenses this support can cover. Your attorney can help you show the judge what expenses you need to cover and show why you need assistance from your spouse. Even if spouses have fairly large expenses that need to be covered, pendente lite support can be used to help a spouse maintain the standard of living that he or she expected prior to separation. Also, pendente lite awards are not deducted from the permanent alimony that a spouse receives after the divorce is final, so there is no need to worry about the impact on future alimony payments. 

Why Does This Matter? 

If you are in the divorce process, you may find yourself without the means to care for yourself, or your children. Or, you may even be in a position where you cannot afford an attorney to help guide you through your divorce. Pendente lite support is a way to help you through the divorce process so that you do not find yourself without the funds you need. If you feel that you need this type of support, it is important to seek out an attorney with specific experience drafting pendente lite requests. Asking the court for pendente lite support takes special care because spouses often oppose granting this type of financial support during the divorce proceedings. Without framing your request for pendente lite properly, your spouse may be able to easily avoid helping you during this difficult time. We at Joe Kwon Law are experienced with this process and we are here to help you through every step of the divorce. Contact us today for help.