What happens to pendente lite alimony when you move in with a parent?
Pendente lite alimony what happens when you move in with mom? Can you still get pre-divorce alimony (pendent lite)? Answer – yes.
Family Law
20-4-1173 Malek v. Malek, N.J. Super. Ch. Div. (Jones, J.S.C.) (29 pp.) This opinion addressed pendente lite alimony, against the backdrop of recently enacted statutory amendments to New Jersey’s alimony statute. Plaintiff and defendant married in 2012. They have two children. Plaintiff is a teacher earning $90,000 per year, while defendant is a hairdresser with an imputed income of $20,000 per year. In 2016, each party filed for divorce. They are living separately, and have been sharing joint legal and residential custody of the children. Defendant filed a motion against plaintiff seeking pendente lite alimony. Defendant contended that she needed alimony in order to maintain the marital lifestyle and standard of living, which she had not been able to maintain at the same level as plaintiff, because he was not paying support. In turn, plaintiff contended that defendant did not need pendente lite alimony, emphasizing that she moved in with her mother. Plaintiff argued that as a result, defendant had no real roof expenses, and therefore her budget did not reflect the necessity for spousal support. The amended alimony statute established that the marital standard of living was relevant to both parties. In this case, the evidence reflected that the parties’ marital lifestyle budget was $6,100 per month. Presently, there was not enough money for both parties to maintain the same lifestyle living apart that they were able to afford while living together. While the court might consider the totality of all factors, it would not be appropriate or equitable to deny defendant reasonable interim support in order to meet a reasonable budget, merely because defendant’s mother was helping her daughter under financially challenging circumstances. Considering the applicable statutory factors, under the totality of the circumstances, the court ordered that plaintiff pay defendant $350 per week in pendente lite alimony.
