Pendente lite in Connecticut means having orders put in place while the divorce is still pending. It is therefore possible to receive spousal support payments during your marriage dissolution. Let a lawyer at our firm help you prove your need for pendente lite spousal support in New Haven.
When spouses divorce and one party is the primary breadwinner, the other may not have access to sufficient assets or funds to support themselves or the children during the pendency of their divorce. That individual can file a motion for alimony pendente lite to get spousal support during the dissolution of their marriage. However, the standard for obtaining spousal support pendente lite is different from the standard for awarding permanent or periodic spousal support as part of a divorce.
Specifically, pendente lite alimony considerations do not include arguments or evidence with respect to the breakdown of the marriage or who is at fault. Instead, it focuses on the parties’ incomes and earning capacities, their current needs and expenses, the length of their marriage, and whether there is a need for support to assist one party during the pendency of the divorce.
While there is no formula in Connecticut for calculating an appropriate amount of spousal support, case law can provide precedent for how the statutory alimony factors are weighed by judges making alimony determinations. Courts in and around New Haven deciding whether to award pendente lite alimony must compare the spouses’ individual net incomes against the total household net income. As a rule of thumb, a 50/50 split of net income is considered fair in some cases, but other cases might require a deviation from that if, for example, there are children involved or one party is shouldering more of the existing expenses.
As previously mentioned, for a pendente lite alimony analysis, the judge will also consider the parties’ individual expenses and needs. It is best to learn about how each of these factors may impact a specific case from a well-practiced attorney.
When a court orders one parent to pay temporary child support during their divorce, the amount of weekly child support is going to factor into the alimony analysis. Specifically, the child support will reduce the paying party’s net income, and thereby the ultimate percentage split of net household income.
A pendente lite alimony order can factor into the final alimony award. A party seeking to convert pendente lite alimony into permanent or periodic alimony as part of a final divorce judgment will have to make their case to the judge again as to why post-divorce spousal support is appropriate and why it meets the standards under Connecticut law. The parties’ respective needs during the pendente lite award and the payor’s ability to pay the pendente lite support can offer valuable evidentiary support to arguing the final alimony claim.
If you still have questions about pendente lite spousal support in New Haven, do not hesitate to reach out to the knowledgeable lawyers at our firm. Our legal team understands your need for alimony payments during the pendency of your divorce and are prepared to help you get them. Call today to learn more from a professional.
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