Understanding Pendente Lite Exclusive Use and Occupancy in a New York Divorce

In a New York divorce, you may hear the term pendente lite exclusive use and occupancy — this refers to a temporary order that allows one spouse to remain in the marital residence while the divorce is ongoing. This relief can be crucial when continued cohabitation becomes emotionally charged, disruptive, or unsafe. Courts generally require a showing that shared occupancy is untenable, often due to conflict, harassment, or the presence of children whose stability is at risk.

Importantly, this is not a final determination of property ownership but rather a short-term measure designed to preserve peace and order during the litigation. Even if both parties have legal rights to the home, the court can award exclusive use to one spouse for the duration of the proceedings. If you’re experiencing significant tension in the home, we can discuss whether seeking this type of relief would be appropriate in your case.