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Temporary Spousal Support Prior to Divorce

Posted by Chris Peterson | Jun 02, 2013 | 0 Comments

Temporary Spousal Support Prior to Divorce

Spousal support orders are often made at the finalization of a divorce. However, in some instances a temporary form of support is imposed or agreed upon before the divorce is finalized. If you feel that temporary spousal support in Conroe, Texas is necessary in your situation, an attorney can help.

Pendente Lite

Pendente lite literally translates from Latin as “pending legislation.” As such, pendent lite is the legal term for spousal support that is provided after it has been decided that a divorce is necessary, but before it is final. Temporary spousal support in Conroe, Texas is very important for the individual whose income is less. Among the many areas of one's life that are affected by divorce are finances. One must either have to learn to live with less or receive support from the higher paid spouse to help sustain the standard of living the person is used to. Courts have traditionally held that a person should be provided spousal support in order to make the latter possible.

Determining the Amount of Pendente Lite

It is important to note that pendente lite legally ends the moment the divorce is final. However, often the amount that is paid is used as a guide in determining permanent support. In order to make such a determination the court considers:

·         The needs of the dependent or lesser paid spouse

·         The income of the higher paid spouse

·         The lifestyle to which the dependent spouse has become accustomed

·         The amount of spousal support in Conroe, Texas needed to sustain each spouse comfortably during the divorce process. In essence, then, pendent lite is a way of equalizing the means of both spouses. The logic is, of course, that they shared assets equally while married, and thus should continue in this vein until the divorce has been finalized.

The Court Determination

Ideally both spouses will be able to sit down together and work out a plan for temporary spousal support in Conroe, Texas that is mutually agreeable. Given that divorce is generally so emotion-filled and adversarial, however, this may not be possible. If a mutual agreement cannot be reached, your attorney will seek a court order.

For More Information or Assistance

If you need assistance with obtaining spousal support in Conroe, Texas or elsewhere in the region, an experienced family law attorney at Peterson Law Group will be happy to speak with you. We will provide you with the highest standard of legal representation. Call us today at 936-337-4681.

About the Author

Chris Peterson

Chris Peterson is the owner of Peterson Law Group. He practices primarily in the areas of wills, trusts and estate planning; probate and trust administration; elder law; and business law. Chris is also the owner of Brazos 1031 Exchange Company.


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