Pendente Lite Support in New Jersey: Temporary Alimony and Asset Freezes

A New Jersey divorce can take 12 to 18 months from filing to final judgment. During that time, bills still need to be paid, and the family's financial status quo needs to be preserved. Pendente lite (Latin for "during the litigation") support and automatic restraining orders exist to bridge this gap.

What Is Pendente Lite Support?

Pendente lite support is temporary alimony ordered by the court while the divorce is pending. It's designed to maintain the marital standard of living for both spouses until a permanent arrangement is determined in the final judgment.

Unlike permanent alimony, pendente lite support doesn't require the court to analyze all 14 statutory factors under N.J.S.A. 2A:34-23(b). The court focuses on:

• Each spouse's current income and earning capacity.
• The marital standard of living.
• Each spouse's reasonable monthly expenses (as documented in the Case Information Statement).
• The financial need of the requesting spouse and the ability of the other spouse to pay.

How to Request Pendente Lite Support

To obtain temporary support, the requesting spouse files a motion with the Family Part, accompanied by:

• A completed, sworn Case Information Statement (both current and the prior CIS if one exists).
• A certification of facts explaining the financial need.
• Supporting documents: recent pay stubs, tax returns, and evidence of the marital lifestyle.

Under Court Rule 5:5-4(a), any motion for support modification must include both the current CIS and the CIS filed at the time of the original order. Missing either document is a fatal procedural error — the court will deny the motion outright.

The responding spouse gets an opportunity to file opposition papers with their own CIS and supporting documentation. The court typically decides pendente lite motions on the papers, without oral argument, within 30 to 45 days.

Automatic Restraining Orders on Marital Assets

New Jersey has an automatic restraining provision built into the divorce process. Once a Complaint for Divorce is filed and served, both parties are prohibited from:

• Selling, transferring, encumbering, or dissipating marital assets outside the ordinary course of business.
• Canceling, modifying, or allowing to lapse any existing insurance policies (health, life, auto, homeowner's).
• Removing the other spouse or children as beneficiaries on insurance policies or retirement accounts.
• Destroying or hiding financial records.

These restraints apply to both parties automatically — not just the defendant. They remain in effect until the divorce is finalized or the court orders otherwise.

What the Automatic Restraint Covers (and Doesn't)

The automatic restraining order does not freeze your bank accounts or prevent you from spending money on legitimate living expenses. You can still:

• Pay routine household bills: mortgage, utilities, groceries, insurance premiums.
• Make normal withdrawals for personal living expenses.
• Continue operating a business in the ordinary course.
• Make regular contributions to retirement accounts through payroll deductions.

What you cannot do:

• Empty a joint bank account and move the funds to a personal account.
• Cash out a retirement account or take a loan against it.
• Sell the family home or other significant assets without the other spouse's written consent or a court order.
• Transfer assets to relatives or friends.
• Change beneficiary designations on life insurance or retirement accounts.

Violating the Automatic Restraint

If your spouse violates the automatic restraining order — emptying accounts, canceling insurance, or transferring assets — you can file a motion for enforcement. The court has broad discretion to:

• Order the return of dissipated or transferred assets.
• Impose financial sanctions or credit the non-violating spouse in the final distribution.
• Award counsel fees for the enforcement motion.
• Hold the violating spouse in contempt of court.

Practical Steps Right Now

If you're filing for divorce or expect to be served:

1. Document the current balances of all joint accounts — screenshot or download statements on the day of filing.
2. Note all existing insurance policies and beneficiary designations.
3. Gather evidence of the marital standard of living to support any pendente lite application.
4. Do not make any large financial moves without consulting your attorney.

The New Jersey Divorce Financial Split Guide includes a post-divorce financial tracker and a CIS expense organizer that help you document your financial position accurately for pendente lite proceedings.

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