Alimony Pedente Lite in Branford

Pendente lite means pre-judgment before the case is finalized. In the context of family law, pendente lite is a temporary order before judgment that is not final and can be changed. Any motions that are filed, called pendente lite motions, whether for custody, alimony child support, property division asset, division, visitation, are filed prior to judgment.

The purpose of a pendente lite motion for spousal support in Branford is to get temporary orders in place while the case is pending so that if the two people separate while the case is pending, they can continue to live and pay the bills.

Variability of the Process

There is no statewide formula for the pendente lite process in Branford because it would be set by statute. Practically speaking, there are so many factors that are involved in the determination of an amount and length of support that it is not as easy as child support, which considers the incomes and factors that involve alimony, such as somebody else’s health, stage in life, employability, earning incapacity, and estate as well as whether or not they are receiving child support, how many years the people have been married, and what caused the breakdown in their marriage.

Spousal support and alimony mean the same thing in Connecticut; there is no difference. People would be looking for both. There is no statutory calculation for alimony or spousal support. It is based on the statutory factors. There are more than seven and it is entirely within the jurisdiction of the court.

Statutory Factors

There are no local guidelines in place for the Branford pendente lite process, it is statewide and the same rules apply to everybody everywhere. It is the statutory factors that are looked at when determining whether or not somebody might be eligible for spousal support, whether or not they are entitled to it, and whether or not they are required to pay it and the inverse. It goes to the statute as to the discretionary factors for an award of alimony or spousal support.

Determining Spousal Support

If somebody is getting a substantial amount of child support or paying substantial child support, it will be taken into account in calculating what alimony is, but it is not the sole determining factor of it. Also, because somebody receives child support does not mean that they do not get to have alimony and just because somebody pays child support does not mean they do not have to pay alimony. Oftentimes, especially in marriages of longer length, people are paying both alimony and child support.

The factors that can play a role in determining spousal support are employability, income, age, health of the parties, the parties’ stage in life, length of a marriage, cause or the breakdown of the marriage, and earning capacity. It can go to the principal factors.

Permanency of a Pendente Lite Motion

During the pendency of the case, a pendente lite order by a court or a pendente lite stipulation, which are agreements that the parties decide, will last until somebody modifies it or it is terminated by the court. If that does not happen prior to the date of divorce, the temporary pendente lite orders are extinguished in lieu of the divorce and new orders can take their place as part of the final divorce decree. It is sometimes the same if the pendente lite orders happen to be the same as the final orders, but that is not automatic.