Pendente lite

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Pendente lite is a Latin term meaning “pending the litigation”. Pendente lite is used to describe court orders that are implemented while litigation is still pending. For example, when someone challenge a will, a court have an ability to appoint an administrator pendente lite which can take limited measures to preserve the assets deceased until court ruling ( M. Johnson, p. 132). Also Pendente lite is used to help maintain the status quo and spell out the basics rules during the divorce litigation. Spouse can reach an agreement about financial support, custody or visitation (J.J. Gross, M.F. Callahan, p. 221).

Pendente lite is not to be confused with “lis pendent”. Lis pendent is also Latin term which means “a pending lawsuit” but is related with real property records. It is a simple document that concerns the title to property and inform about ongoing lawsuit affecting property's title. Lis pendens may relate to both real and personal property and its applicable an action in directly title to property (D.F. Hinkel, p. 196).

Pendente lite motion

Pendente lite motion are issued in divorce actions. Usually, it is an application used to ask the court for relief while the litigation is going on. For example, its are typically drafted to urge the court to different kind of financial support ( child support, interim counsel fees) to the less monied spouse. Also, if there are children in marriage you can also applicate to the court for order of custody (S.P. Schechter, p. 311-312). Pendente lite decisions are not binding for the court. A final resolution od the case might be different. For example, when one of the parent get a pendente lite custody its do not mean the same parent will be awarded permanent custody ( L.J. Ravdin, D.M. Brenneman).

Main reasons for filing a motion for pendente lite

  • to awarding custody while there are children in marriage
  • to establish visitation
  • to request for temporary spousal maintenance
  • to protect property values

Pendente lite alimony

Pendente lite alimony may be considered in divorce cases when the spouses are living apart to support to the less monied spouse. It is financial support granted until final hearing. Pendente lite alimony awarded is usually sufficient to provide only basic needs.( J.J. Gross, M.F. Callahan, p. 205) Contrary to permanent alimony, pendente lite alimony is a temporary solution to give financial support during the divorce (Vill. L. Rev. 187 (1970), p. 186).

Examples of Pendente lite

  • Temporary spousal support: Pendente lite is used to provide temporary support for a spouse during the divorce litigation. The court order can provide for temporary spousal support payments, medical and dental expenses, or even payment of legal fees for the spouse in need.
  • Temporary child support: Pendente lite can also be used to provide temporary child support payments to the custodial parent, which are typically determined based on the income of each parent.
  • Temporary Custody: Pendente lite can also be used to determine temporary custody of a child while the divorce is pending, based on the best interests of the child.
  • Temporary restraining orders: Pendente lite can also be used to issue temporary restraining orders, which can limit the contact between the spouses or restrict access to certain property.
  • Temporary possession of property: Pendente lite can also be used to award temporary possession of certain property to one of the spouses while the divorce is pending. This can include possession of a home, vehicles, or other real property.

Advantages of Pendente lite

Pendente lite is a court action taken while a lawsuit is ongoing, and it has a number of advantages:

  • It helps maintain the status quo by creating rules for the duration of the litigation. This helps to ensure that the parties involved do not take any further action that would complicate the case or affect its outcome.
  • It can also help to spell out the financial support, custody and visitation arrangements for both parties during the divorce proceedings. This helps to ensure that both parties are provided with the necessary support, and that the children involved are receiving the necessary care and attention.
  • Pendente lite can also help protect the assets of the deceased in cases where someone is challenging a will. This helps to ensure that the assets are preserved until the court ruling is issued.
  • Finally, pendente lite can help to speed up the legal process by establishing ground rules and providing guidance on the actions that can and cannot be taken while the lawsuit is ongoing.

Limitations of Pendente lite

Pendente lite has some limitations that should be taken into consideration. These limitations include:

  • First, pendente lite orders are only temporary and cannot be used to make permanent decisions. The court can only take limited measures to preserve the assets of the deceased or to maintain the status quo during the pending litigation.
  • Second, pendente lite orders can only be issued by the court and not by the parties themselves. This means that the parties cannot reach an agreement on the issues and must rely on the court to make rulings.
  • Third, pendente lite orders are often limited in scope, meaning that they are only applicable to certain issues and cannot cover all matters related to the pending litigation.
  • Fourth, pendente lite orders can be difficult to enforce as they are not always binding. This means that the parties may not abide by the order and the court may not be able to take any action.
  • Lastly, pendente lite orders can be costly as the parties must pay for the court proceedings and any associated legal fees.

Other approaches related to Pendente lite

The following three approaches are related to Pendente lite:

  • Interim Relief - Interim Relief is a temporary court order that is issued during a legal dispute which provides a temporary solution to an issue. This approach is used to stabilize the situation until a final court ruling is made.
  • Status Quo Order - Status Quo Order is used to prevent any changes during the litigation from occurring. This type of order helps maintain the status quo during the dispute.
  • Preservation of Assets - Preservation of Assets is an order which is issued to prevent any assets from wasting or being dissipated before the final court ruling is made.

In conclusion, Pendente lite is a Latin term that is used to describe court orders that are implemented while litigation is still pending. Three of the most common approaches related to Pendente lite are Interim Relief, Status Quo Order and Preservation of Assets.


Pendente lite — recommended articles
Consent order — Clear title — Absolute assignment — Assignment clause — Hammer clause — Equitable lien — Disclaimer trust — Dissenters Rights — Spendthrift clause

References

Author: Wioletta Szymska

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