Alimony Pendente Lite, Spousal Support & Alimony are NOT the Same

You may have heard the terms alimony, spousal support, and alimony pendente lite.  Those terms are all different forms of support for a spouse.  Some people think those terms all mean the same thing, but that’s not true.  And it’s important to know the difference or you could end up losing a lot of money.

Description of Alimony Pendente Lite, Alimony, and Spousal Support

Below I define each term so that you understand the difference, and give you a general idea of when each type of support is appropriate.

1. Alimony—Is the amount of money that one spouse pays to another once the divorce is finally complete.  You know the divorce is complete when you receive an order from the court in the form of a divorce decree.  Alimony does not get paid before that time.  That’s one of the differences between alimony and alimony pendente lite and spousal support, which do get paid before the divorce is complete, but not after the divorce.  Typically, alimony is a specific amount, paid monthly, and for a certain number of years, and in some cases permanent.  Can’t get it until after the divorce has been finalized.
2. Spousal Support—Did you know that one spouse can file for spousal support against the other spouse without even filing for divorce?  You can do that.  If both spouses agree that they are separated, or when the spouses’ can’t agree, but one spouse claims to be separated and has a “just cause” for the separation, then you can get spousal support.  You can continue to live in the same house and still be separated and qualify for spousal support.  An example of a “just cause” could be the spouse with the money no longer supports the spouse without the money. But what if 2 to 3 years go by and neither spouse files for divorce? Can you be receiving spousal support for those 2 or 3 years?  Yep.  But the spouse receiving the support has to be careful.  If the spouse who has to pay can prove a fault ground for divorce, then the other spouse can lose the claim for spousal support.  Ends once the divorce has been finalized, but you may still qualify for alimony.
3. Alimony Pendente Lite—But even if the spouse can prove a fault ground for divorce, which would disqualify you for spousal support, you can always file for divorce and get alimony pendente lite.  Unlike spousal support, the court doesn’t care if the one who needs the money did something like adultery or some other fault ground for divorce.  Even if something like adultery happened, you can still get alimony pendente lite, even if adultery prevents spousal support.  You don’t file for alimony pendente lite until after one of the spouses filed for divorce whereas you can still file for spousal support when neither spouse has yet filed for divorce.  Ends once the divorce has been finalized, but you may still qualify for alimony.

When You Can Get Alimony Pendente Lite, Alimony and Spousal Support

• Spousal Support—filed when no one has yet filed for divorce but the spouse with the money is starving the spouse without the money.
• Alimony Pendente Lite—filed when divorce has been filed and spouse with the money is starving the spouse without the money.
• Alimony—only get that once the divorce has been finalized, after you get an order form the court stating that your divorced in the form of a divorce decrees.

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