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What are you supposed to do for support during a divorce?

When New York couples separate, their expenses could practically double overnight, yet their income does not double as well. In addition, one spouse often makes more money than the other, which could put the other spouse at a disadvantage. Even if the spouse with the larger income says that he or she will continue to support the other one during the divorce, it would be prudent to seek temporary orders from the family court to address not only monetary concerns but custody and visitation as well. 

Here in New York, these temporary orders are referred to as pendente lite relief, which is relief "pending the litigation" or in this case, until the divorce is finalized. Your attorney can make a request for such relief at the start of the divorce process. Numerous issues can be addressed in temporary order that will allow things to remain as they are during the proceedings. 

The monthly expenses to maintain the marital home such as mortgage or rent and utilities can be included, along with temporary child support payments. Spousal support can even be granted on a short-term basis. You can request physical and legal custody arrangements for the children as well. An interim visitation schedule can also be set up so that the children have access to both parents if it is in their best interests. 

Many people hesitate to file for divorce because they believe that they will have to begin supporting themselves right away, and they are unable to do so. Fortunately, that is not the case. If you are contemplating filing for divorce and need pendente lite relief, it would be beneficial to enlist the aid and guidance of an attorney instead of attempting to go through the process alone. 

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Divorce: a Practical Guide

Divorce: A Practical Guide

Attorney Jusino’s new book on divorce is an easy read and full of valuable information. Learn More