Diana James married Jon James in 1974.  During the marriage neither of them was employed and the couple lived off the interest generated by Diana’s trust fund set up by her father, which was over $500,000 a year when Diana left Jon in 1990.

Jon asked for pendente lite alimony (temporary support) in the divorce which included future tuition payments so that he could obtain a PhD in psychology.  He already had a Masters Degree.   The court granted his request and awarded him $8,000 a month in pendente lite alimony for living expense, education and suit money.

The Maryland Court of Special Appeals reversed, saying that future education expenses were not necessary to preserve the status quo of Jon’s lifestyle while the suit was pending.  Therefore, while they could be considered in determining statutory alimony at the divorce trial, they could not be awarded as pendente lite alimony before the trial.

James v. James, 96 Md. App. 439; 625 A.2d 381 (1993)