CARRYING COSTS AND PENDENTE LITE

Upon commencement of an action for divorce, when the “non-monied” spouse is in need of support he/she may be forced to file a pendente lite motion with the Court.  Said motion seeks temporary monetary relief pending your litigation.  Typically, one asks for temporary maintenance, temporary child support and attorney’s fees. 

Domestic Relations Law §236(B)(5-a) sets forth the formulas in which the Court uses to determine the presumptive temporary maintenance award. When determining what the presumptive award should be the Court will look to the lifestyle of the parties and other factors to determine if it should deviate from the statutory cap when issuing said award. If the Court does deviate from the statutory cap, it must explain why such deviation was deemed necessary. 

You must ask for the Court to also order the monied spouse to pay for the carrying costs of the marital home and do not automatically assume that the Court will order these expenses to be paid.  Since the statute is vague and ambiguous regarding this issue, it rests in the Court which you are before to make the decision in its discretion.  Each case will produce different results based on the particular facts of the case, which will then be interpreted by the Court hearing your motion.  Therefore, in preparing your motion, it is imperative that you carefully explain to the Court all your needs so as to put yourself in the best position to obtain an adequate temporary maintenance award including maintaining the status quo.