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When can pendente lite orders be issued in California?

On Behalf of | Apr 29, 2024 | Family Law

The divorce process is an emotionally demanding period, and it sometimes drags on for months or even years before a final resolution is reached. During this time, you may find yourself in need of financial support from your spouse to maintain a lifestyle while awaiting a determination on the division of assets and other long-term arrangements.

This type of temporary spousal support is also known as pendente lite. In California, pendente lite orders can be issued during the divorce for the following reasons:

  • Child support: A judge may issue pendente lite orders to provide temporary financial assistance for the children’s needs during the divorce process until a permanent child support arrangement is determined.
  • Spousal support: Temporary financial assistance may be granted to one spouse to maintain their standard of living during the divorce proceedings until a final determination is made regarding spousal support.
  • Temporary custody arrangements: Pendente lite orders can establish temporary custody and visitation schedules to ensure the well-being and stability of the children while the divorce is pending.
  • Payment of household expenses: These orders may also include provisions for the payment of household bills, mortgage or rent, utilities and other essential expenses to maintain the family home until the divorce is finalized.

This temporary support is granted to help ensure a stable and secure environment for all parties involved during the often tumultuous period of divorce proceedings.

What factors are considered when determining eligibility

Before the judge hands down pendente lite orders, they consider various factors including:

  • Financial needs of the spouses and children.
  • Income and earning capacity of each spouse.
  • Existing custody arrangements.
  • Standard of living during the marriage.

If you’re considering filing a pendente lite request, consider seeking legal guidance to understand your rights and options and gather evidence to support your financial situation.