Virginia Divorce: Pendente Lite Spousal Support

Divorce is an expensive process. In addition to filing fees and attorneys’ fees, at least one party to a divorce is likely going to have to start paying rent for a new place to live. This transitional process can be hard on people who have become financially dependent on one another. 

Pendente lite support, or temporary support, is how Virginia attempts to allow the parties to pay for a lawyer or maintain their standard of living. What is pendente lite support, and how is it determined?

Basics of Pendente Lite Spousal Support

In Virginia, pendente lite support is discretionary. However, most judges in Virginia defer to a set of guidelines. 

When a court applies these guidelines, pendente lite support is calculated based upon the gross income of the parties. This means that the court will look at all of the income the parties have available and the needs of the parties while awaiting trial. Income, for spousal support purposes, can include anything from charitable gifts from friends and family or even public benefits such as TANF or food stamps. (Unlike in child support cases.)

The court will often require the parties to produce pay stubs, tax returns, and other documentation to determine financial positions.

Once the court obtains this information, the court will then decide how to proceed. Generally speaking, however, the court will take a specific percentage of the payor’s income and a percentage of the payee’s income. The difference between those amounts is the amount of temporary support that will be paid.

What if I can't afford the amount the court calculates?

The amount of spousal that this calculation produces is simply the presumed amount of support in some Virginia courts. Courts are allowed to go up or down from this amount depending on each party's financial needs. For example; if the payor spouse has a significant amount of debt, and the guideline calculations would put them out of house and home, the court may reduce spousal support.

What does this mean for my divorce?

This is simply a temporary amount that the court uses to make sure both parties can maintain their standard of living until the court has had time to resolve the case. The amount of temporary support the court orders may not be the same as how much you would pay once the divorce is finalized. It is important to keep this in mind if you are dealing with a motion for temporary support, and to negotiate appropriately.

Why you need a lawyer.

A lawyer is essential in pendente lite support proceedings because your lawyer can help make sure you have all of the necessary financial information form both parties to ensure a fair calculation. An attorney can also explore various defenses you may have to that amount, and advocate on your behalf to reduce that amount. If faced with divorce proceedings, make sure you hire a lawyer.

Virginia Divorce: What is Pendente Lite Relief?

Divorce is an expensive and emotional process. When one spouse files for divorce, it may result in animosity and, in some instances, danger. Virginia law allows you to request that the court enter an order requiring your spouse to do certain things while the divorce proceedings are pending. Common examples of this type of relief include sole possession of the marital home, no derogatory language, a no contact order, or preliminary support.

So what is pendente lite relief and how does it work?

When to File for Pendente Lite Relief

A request for pendente lite relief can only be filed after a suit for divorce, support or custody has been filed with the appropriate court and the other party has been served with the lawsuit. You cannot file for pendente lite relief prior to your spouse receiving service of process. Service of process is typically accomplished by having the local sheriff deliver a copy of the Complaint and Summons to your spouse.

What Can You Ask For?

Virginia law gives you a wide array of things you can ask for with pendente lite relief. If you cannot afford to hire a lawyer because your spouse has denied you access to the bank accounts, a pendente lite order may require your spouse to open access to the bank accounts. If your spouse is abusive and you cannot afford to find a new place, the court has the power to require your spouse to move out of the marital home and grant you sole, exclusive use and possession. The court also has the power to enter a preliminary order deciding issues of custody and visitation.

How Long Does Pendente Lite Relief Last?

It generally depends on the court you are in. A pendente lite order is designed to protect the parties until the case has been fully resolved. However, the court has discretion to limit the length of any particular request or to modify its order during the pendency of the lawsuit.

Why You Need a Lawyer

A request for pendente lite relief requires a hearing on the merits of your case. A mini-trial will need to be held, witnesses must be produced, and the reasons for your requested relief must be provided to the court. Evidence and hearings are the most difficult part of the legal process, and a lawyer can help insure that you have provided the court with the appropriate types of evidence and documentation. Failure to hire a lawyer may result in your requests being denied or your evidence not being heard. Hire a lawyer to increase your chances of success.