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Thyden Gross and Callahan LLPCounselors and Attorneys at Law

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The Difference Between Statutory and Pendente Lite Alimony

Time

  • Statutory alimony may be indefinite or rehabilitative or both.  Indefinite alimony means until either spouse dies or the payee remarries.  Rehabilitative alimony means for a fixed period of time.
  • Pendente lite alimony is paid during the legal proceedings until the divorce trial.  Pendente lite alimony is also called temporary alimony.

Purpose

  • The purpose of statutory alimony is to enable a person to become financially able to support theirself.
  • The purpose of pendente lite alimony is to maintain the status quo until trial.

Elements

  • To determine statutory alimony, the court must consider various factors, including fault.
  • To determine pendente lite alimony, the court considers the payee’s needs and the payor’s ability to pay.

When Decided

  • Statutory alimony is decided at the divorce trial.
  • Pendente lite alimony is decided at the Pendente Lite Hearing.

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