The Difference Between Statutory and Pendente Lite Alimony
Time
- Statutory alimony may be indefinite or rehabilitative or both. Indefinite alimony means until either spouse dies or the payee remarries. Rehabilitative alimony means for a fixed period of time.
- Pendente lite alimony is paid during the legal proceedings until the divorce trial. Pendente lite alimony is also called temporary alimony.
Purpose
- The purpose of statutory alimony is to enable a person to become financially able to support theirself.
- The purpose of pendente lite alimony is to maintain the status quo until trial.
Elements
- To determine statutory alimony, the court must consider various factors, including fault.
- To determine pendente lite alimony, the court considers the payee’s needs and the payor’s ability to pay.
When Decided
- Statutory alimony is decided at the divorce trial.
- Pendente lite alimony is decided at the Pendente Lite Hearing.