Legal Definitions - provisional alimony

Provisional alimony, also known as temporary alimony or alimony pendente lite, refers to financial support ordered by a court for one spouse during the period a divorce or legal separation case is ongoing. Its purpose is to help the financially dependent spouse cover their living expenses and maintain a reasonable standard of living while the legal proceedings are pending. This support is temporary and does not determine the final alimony award, which will be decided at the conclusion of the case.

Here are some examples illustrating provisional alimony:

• Example 1: Supporting a Stay-at-Home Parent

  Maria and David are divorcing after 15 years of marriage. During their marriage, Maria was a stay-at-home parent, raising their children and managing the household, while David was the primary income earner. As the divorce proceedings begin, Maria has no independent income and needs to cover her immediate living expenses, including rent, groceries, and utilities. The court might order David to pay provisional alimony to Maria to ensure she can meet these essential needs until the final divorce decree is issued and a long-term financial arrangement is established.

  This illustrates provisional alimony because the payments are ordered temporarily to support Maria's basic needs while the divorce case is still active, preventing her from facing immediate financial hardship.

• Example 2: Maintaining Household Stability During Asset Division

  Sarah and Tom are in the midst of a complex divorce involving significant marital assets, including a family business and several properties. The process of valuing and dividing these assets is expected to take many months. During this time, Sarah, who has a lower income than Tom, needs funds to continue paying for her share of the household bills, car payments, and other regular expenses. The court grants Sarah provisional alimony to ensure she can maintain her financial stability and cover her ongoing costs while the lengthy process of asset division unfolds.

  This demonstrates provisional alimony as it provides temporary financial assistance to Sarah, allowing her to maintain her standard of living and cover expenses during the extended period required to finalize the division of marital property.

• Example 3: Covering Legal and Living Expenses for a Spouse Relocating

  After filing for divorce, Emily decides to move out of the marital home and into a new apartment. Her spouse, Mark, has significantly more liquid assets and a higher income. Emily needs funds to cover her initial moving costs, security deposit, first month's rent, and legal fees associated with the divorce. The court orders Mark to pay provisional alimony to Emily, which includes an amount specifically designated to help her establish her new residence and contribute towards her legal expenses, all while the divorce case is still pending resolution.

  This example shows provisional alimony being used to provide immediate financial relief for Emily's relocation and legal costs, ensuring she has the necessary resources to navigate the initial stages of the divorce process before a final settlement is reached.