Pendente lite is a Latin term meaning "pending the lawsuit." In a New York divorce, it refers to temporary orders that a judge signs to handle important issues while the case is still moving. Because a divorce can take months or even years, divorcing couples need rules for child support, spousal maintenance, and who stays in the family home right away.
At Hartin Family Law, we help clients file a pendente lite motion to ensure they have the money and safety they need from the very start. We use our legal skills to protect your financial stability and your children's routine during the divorce litigation.
When you start a divorce action, the final trial is often a long way off. Pendente lite relief fills the gap between the start of the case and the final court ruling.
Legally, pendente lite refers to any legal agreement or court order that stays in place only until the divorce is final. These temporary court orders make sure that neither spouse is left without money or a place to live while the legal proceedings continue. It is about keeping the status quo so that life doesn't fall apart during the fight.
It is important to remember that these are temporary orders. A judge might grant a certain amount of spousal support now, but that amount could change in the final equitable distribution of assets. However, these pendente lite awards often set the tone for the rest of the case. New York courts use them to manage the marital estate until a permanent decision can be made.
The Domestic Relations Law (specifically, DRL § 236) governs these awards. Whether your case is in the Supreme Court or the family court, the judge must follow statutory guidelines. These laws ensure that pendente lite relief is fair and based on the actual income and needs of both spouses.
A pendente lite motion can cover many different needs. The goal is to make sure both parties can survive the divorce litigation fairly.
New York State uses the Child Support Standards Act (CSSA) to set temporary child support. As of March 1, 2026, the child support formula applies to a combined parental income cap of $193,000.
| Number of Children | Child Support Percentage |
| 1 Child | 17% |
| 2 Children | 25% |
| 3 Children | 29% |
| 4 Children | 31% |
| 5+ Children | At least 35% |
The court also looks at the self-support reserve of $21,546 to make sure the parent paying support has enough money to live on.
If one spouse earns much more than the other, the court may order temporary maintenance. The temporary spousal maintenance guidelines calculator uses a formula to find the guideline amount of temporary maintenance.
The judge can set custody arrangements and a visitation schedule right away. These custody decisions are made using the best interests of the child standard. The goal is to keep the child's life as normal as possible while the parents are apart.
Under DRL § 237, the court can order the spouse with more money to pay interim counsel fees to the other spouse's lawyer. This ensures that both people have equal legal representation. Without attorney's fees being covered, one spouse might be forced to give up because they can't afford to fight.
The court can decide who gets to live in the family home while the divorce is pending. This is called exclusive use and occupancy. This is often granted if staying together causes too much stress or if there is a history of domestic violence.
To prevent a spouse from hiding money, the court can freeze marital assets such as cash accounts, mutual funds, and real estate. This protects the marital estate so that it can be divided fairly later during equitable distribution.
Getting pendente lite relief requires following a specific legal process in the New York courts.
Once the divorce action starts, your divorce lawyer files a pendente lite motion. This is a formal request for the judge to step in. You don't have to wait for the end of the case to ask for help; you can do it as soon as the case begins.
You must provide a lot of financial details. This includes a Statement of Net Worth, financial affidavits, and the last two years of tax returns. The court needs this to see your true income and expenses, including health insurance and the kids' extracurricular activities.
Most pendente lite requests are handled in the Supreme Court. The judge will look at the papers filed by both sides. Sometimes, there is a hearing where lawyers argue the case, but often the judge makes a court ruling based on the written financial details.
While there are formulas, the judge has the judicial power to change the amounts. If the guideline amount is unfair, the judge can use their discretion to raise or lower it. They look at factors such as tax consequences and the family's special needs.
Once the judge decides, they sign a support order. This order is legally binding. If it includes a shelter allowance, it will say exactly who pays the mortgage or rent.
If a spouse doesn't pay, you can take enforcement actions. The court can issue an income withholding order to take the money directly from their paycheck. If they fall behind, the unpaid amount is called arrears, and the court can force them to repay it.
Judges often dislike changing a situation that is working. If a temporary order is in place for a year, it might become the basis for the final post-divorce maintenance or custody plan. This is why getting the initial consultation right is so important.
Don't hide assets like cash accounts or lie on your financial affidavits. If the judge finds out, you could lose your credibility and face penalties. Also, never ignore a support order, as doing so can result in being held in contempt of court.
If you lose your job or have a medical emergency, you can ask the court to modify the temporary orders. You must show a substantial change in circumstances for the New York courts to revisit their decision.
If there is domestic violence, the pendente lite motion is even more urgent. The court can issue temporary orders of protection alongside support and custody rules to keep you safe.
Navigating DRL § 237 and the Child Support Standards Act is difficult without help. Lawyers understand the complex math behind spousal maintenance and post-divorce maintenance. We ensure the court follows the correct income withholding order protocols and considers all marital assets.
An experienced divorce lawyer knows how to present your financial details to the judge effectively. We use our legal skills to argue for interim counsel fees so your case is never underfunded.
We help you gather the financial affidavits and evidence of your lifestyle. This includes providing expenses for extracurricular activities and health insurance to ensure your shelter allowance is sufficient.
Your initial consultation is the time to ask about legal fees and the attorney's experience with pendente lite relief. You need someone who understands Long Island courts and can fight for your financial stability.
What is the 2026 child support income cap?
As of March 1, 2026, the combined parental income cap for child support is $193,000.
How long do pendente lite orders last?
They last until the judge signs the final divorce judgment or until the court modifies the order.
Can I appeal a pendente lite order?
Yes, under CPLR 5701, you can appeal, but courts often prefer you move to a speedy trial instead.
Who pays for my lawyer during the divorce?
Under DRL § 237, the court can order the higher-earning spouse to pay interim counsel fees to the other spouse.
What is the self-support reserve for 2026?
The self-support reserve is $21,546, ensuring the payer has enough money for basic needs.
Can a pendente lite order include a restraining order?
Yes. If there is a threat of harm or asset hiding, the court can issue temporary orders of protection or asset freezes.
Pendente lite relief provides essential temporary orders for child support, custody arrangements, and spousal maintenance to ensure financial stability while your divorce action is moving through the New York courts. By utilizing DRL § 237, a non-monied spouse can secure interim counsel fees to guarantee equal legal representation, alongside awards for the exclusive use and occupancy of the marital home.
Don't go through your divorce without the support you need. A pendente lite motion can protect your finances and your family from day one. Contact Hartin Family Law today to discuss your case and learn how we can help you secure the pendente lite relief you deserve.
