Part 4 Pendente Lite

November 2019

Pendente Lite Dissipation, Counter intuitive, awaiting the litigation If there’s one thing you need to know or at least talk about with people getting divorced or divorce attorneys in matrimonial engagements is Pendente Lite, which is Latin for awaiting the litigation. Remember this could go on for a year or more so if Pendente Lite is not appropriate it could have a dramatic effect on either party either the money spouse is not can have enough money to live on what the non-monied spouse. This is a complex area, remember New Jersey is an equitable division state, remember that the assets and income is divided equitably. Also, you have dissipation issues where sometimes a spouse may be taking money from the marriage and utilizing it to buy a townhouse for his girlfriend in Hoboken “Dissipation”. That money had to be considered in establishing the Pendente Lite. Counter intuitive, money used in marriage increases maintenance Pendente Lite sets the stage for how the judge will rule on alimony and child support.

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