Temporary alimony, also called pendente lite alimony, is available in Connecticut. We know that sometimes a spouse is unable to wait for the final divorce to receive alimony. Therefore, Connecticut judges have the authority to enter temporary alimony orders so that a dependent spouse has a means of support while the case is pending.
Many judges take the position that the true purpose behind temporary alimony is to make sure that immediate expenses and other pressing financial obligations are met.
Unlike child support, there is no precise formula. Instead, judges consider the following factors when establishing temporary alimony: the age, health, station, occupation, amount and sources of income, vocational skills, employability, estate and needs of each of the parties and in the case of a parent to whom custody of minor children has been awarded, the desirability of that parent securing employment.
At the temporary stage, the court cannot consider the reason for the divorce (fault) or property distribution. However, these factors would be in play when deciding alimony at the time of divorce.
Two points:
Many times the temporary alimony order becomes the final alimony order. This is especially true if the issue was litigated instead of the parties reaching a written agreement. Therefore, while receiving temporary alimony is time sensitive, one must be fully prepared when presenting their financial circumstances to a judge.
It was long understood that the parties had to be living apart if alimony was to be awarded. In a recent Stamford divorce, a judge decided that this was not an absolute requirement but declined to award temporary alimony in that matter for other reasons. Still, it will be a rare case where alimony is ordered while spouses continue to live together.
I represent clients in all divorce and Family Court matters though out Fairfield County including those who reside in Easton, Fairfield, Monroe, Trumbull, Stratford, Bridgeport, Westport, Weston, New Canaan, Wilton, Norwalk, Darien, Stamford and Greenwich.
Contact me online or call me in my Stamford office at (203) 356-1475 or in my Fairfield office at (203) 259-5251 to discuss your options and learn more about the temporary alimony process.