Pendente Lite Support in New Jersey: Temporary Alimony and Asset Protection

A New Jersey divorce can take 12 to 18 months from filing to final judgment. During that time, bills still need to be paid, and the family's financial status quo needs to be preserved. Pendente lite (Latin for "during the litigation") support and court-ordered restraints can help preserve that status quo.

What Is Pendente Lite Support?

Pendente lite support is temporary alimony ordered by the court while the divorce is pending. It's designed to maintain the marital standard of living for both spouses until a permanent arrangement is determined in the final judgment.

Unlike permanent alimony, pendente lite support doesn't require the court to analyze all 14 statutory factors under N.J.S.A. 2A:34-23(b). The court focuses on:

• Each spouse's current income and earning capacity.
• The marital standard of living.
• Each spouse's reasonable monthly expenses (as documented in the Case Information Statement).
• The financial need of the requesting spouse and the ability of the other spouse to pay.

How to Request Pendente Lite Support

To obtain temporary support, the requesting spouse files a motion with the Family Part, accompanied by:

• A completed, sworn Case Information Statement.
• A certification of facts explaining the financial need.
• Supporting documents: recent pay stubs, tax returns, and evidence of the marital lifestyle.

Under Court Rule 5:5-4(a), any motion for support modification must include both the current CIS and the CIS filed at the time of the original order. Missing either document can result in dismissal of the motion.

The responding spouse gets an opportunity to file opposition papers with their own CIS and supporting documentation. The court may decide pendente lite motions on the papers, without oral argument, with timing set by the court.

Court-Ordered Restraints on Marital Assets

New Jersey does not automatically freeze marital assets merely because a Complaint for Divorce is filed or served. A party seeking a preliminary restraint must request it by motion or order to show cause under Court Rule 5:7-2(b). If granted, the court's order may prohibit either party from:

• Selling, transferring, encumbering, or dissipating marital assets outside the ordinary course of business.
• Canceling, modifying, or allowing to lapse any existing insurance policies (health, life, auto, homeowner's).
• Removing the other spouse or children as beneficiaries on insurance policies or retirement accounts.
• Destroying or hiding financial records.

A court-ordered restraint can apply to both parties. Its scope and duration depend on the order; it does not automatically remain in effect until the divorce is finalized.

What a Court-Ordered Restraint Covers (and Doesn't)

A court-ordered restraint is not necessarily a blanket freeze. Depending on its terms, you may still be able to:

• Pay routine household bills: mortgage, utilities, groceries, insurance premiums.
• Make normal withdrawals for personal living expenses.
• Continue operating a business in the ordinary course.
• Make regular contributions to retirement accounts through payroll deductions.

Depending on its terms, you may be prohibited from:

• Empty a joint bank account and move the funds to a personal account.
• Cash out a retirement account or take a loan against it.
• Sell the family home or other significant assets without the other spouse's written consent or a court order.
• Transfer assets to relatives or friends.
• Change beneficiary designations on life insurance or retirement accounts.

Violating a Court-Ordered Restraint

If your spouse violates a court-ordered restraint — emptying accounts, canceling insurance, or transferring assets — you can file a motion for enforcement. The court has broad discretion to:

• Order the return of dissipated or transferred assets.
• Impose financial sanctions or credit the non-violating spouse in the final distribution.
• Award counsel fees for the enforcement motion.
• Hold the violating spouse in contempt of court.

Practical Steps Right Now

If you're filing for divorce or expect to be served:

1. Document the current balances of all joint accounts — screenshot or download statements on the day of filing.
2. Note all existing insurance policies and beneficiary designations.
3. Gather evidence of the marital standard of living to support any pendente lite application.
4. Do not make any large financial moves without consulting your attorney.

The New Jersey Divorce Financial Split Guide includes a post-divorce financial tracker and a CIS expense organizer that help you document your financial position accurately for pendente lite proceedings.

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