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Alimony Pendente Lite (Temporary)

Md. Fam. Law Code Ann. § 11-102 authorizes alimony pendente lite for either party in a proceeding for annulment, divorce, or alimony. Under Md. Fam. Law Code Ann. § 11-104, a court may award alimony pendente lite against a nonresident defendant with property in the State in a proceeding for divorce. Under Md. Fam. Law Code Ann. § 11-110, a court may order either party in a proceeding for, inter alia, alimony pendente lite to pay expenses in prosecuting or defending the proceeding, subject to consideration of certain facts. By definition, reasonable and necessary expenses include suit money, counsel fees, and costs.

"An award of alimony pendente lite is based purely on need, Dougherty v. Dougherty, 189 Md. 316, 320, 55 A.2d 787 (1947), and a spouse may be just as needful of support pending an award of permanent alimony as pending a divorce decree." Komorous v. Komorous, 56 Md. App. 326, 337, 467 A.2d 1039, 1045 (1983). In Speropulos v. Speropulos, 631 A.2d 514 Md.App.,1993 the Maryland Court stated the purpose of alimony pendente lite is to maintain status quo of parties pending final resolution of divorce proceedings. Further more in James v. James, 625 A.2d 381Md.App.,1993 "Alimony pendente lite" is defined as allowance made pending suit for divorce or separate maintenance, including reasonable allowance for preparation of suit as well as for support. Alimony pendente lite is defined as "an allowance made pending a suit for divorce or separate maintenance, including a reasonable allowance for preparation of the suit as well as for support." Maynard v. Maynard, 42 Md.App. 47, 49, 399 A.2d 900 (1979), citing Black's Law Dictionary (4th ed., 1951). An award of alimony pendente lite is a monetary payment pending the outcome of litigation that has been instituted but that has not been concluded. Id.

Generally, temporary spousal support is based primarily on considerations of the reasonable needs of the recipient spouse, balanced against the other spouse's ability to pay. Maynard, 42 Md.App. at 51, 399 A.2d 900 (pendente lite alimony to maintain status quo and allow a spouse to prosecute or defend the action); Gonzalez v. Gonzalez, 446 So.2d 237 (Fla. Dist. Ct.App.1984); MacReynolds v. MacReynolds, 29 Colo.App. 267, 482 P.2d 407 (1971) (purpose of temporary alimony is to allow spouse to live in accustomed manner and provide means to litigate the controversy properly). The purpose therefore of a pendente lite alimony award is "to maintain the status quo of the parties so the wife [or husband] would not suffer financial hardship" pending final resolution of the divorce proceedings. See Wilson v. Wilson, 87 Md.App. 547, 553, 590 A.2d 579 (1991). In Maynard, 42 Md.App. at 51-53, 399 A.2d 900, this Court explored the rationale for the pendente lite alimony award:

In Nelson on Divorce and Annulment (2d ed., 1945), alimony pendente lite is spoken of in terms of "temporary alimony." In § 12.13 it is stated: "An application for temporary alimony or for suit money, in a pending matrimonial action, while not a separate suit, is a collateral proceeding within the basic suit, and is a proceeding for a separate order, independent of the final judgment in the action." Nelson states: The applicant for the allowance must show, at least prima facie in order to obtain an allowance pendente lite of temporary alimony, allowance for support of children, and/or suit money, including counsel fees, (1) the pendency of the matrimonial action in which the allowance is sought; (2) the existence of a marriage between the parties; (3) a probable cause of action or defense on the part of the applicant, with reasonable probability of success of the applicant on trial; (4) financial inability of the wife [or husband] to support herself [or himself] and/or prosecute or defend the action; and (5) the ability of the husband [or wife] to make the payments.

 

  

 

 

 

 

 

 

 

 
 
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This site was last updated 08/12/07