The transition to an independent household often begins with intense financial uncertainty. When one spouse controls the primary income, the lower-earning partner may wonder how to cover groceries or rent. California law addresses this through pendente lite orders.
What is “pendente lite”?
Pendente lite is a Latin term meaning “pending the litigation.” In divorce cases, it refers to temporary court orders the court issues after the initial filing but before the final judgment. The court may issue these orders to achieve the following goals:
- To maintain the financial status quo between the parties
- To provide both spouses access to legal representation through “need-based” fee awards
- To provide for the immediate daily needs of the lower-earning spouse
By establishing these temporary arrangements, the court seeks to prevent one party from using financial leverage to gain an unfair advantage.
Temporary vs. permanent support
The court applies different criteria for each stage. The following points highlight the key differences:
- The court usually calculates temporary support using local guideline formulas, such as those Los Angeles County adopted, based on gross income.
- The court determines permanent support at the end of the case using California Family Code, such as the length of the marriage.
Temporary support ensures immediate survival, while permanent support focuses on long-term self-sufficiency.
Filing a Request for Order and the FL-150
To seek relief, a party typically files a Request for Order (RFO). This motion asks the judge to decide on issues such as spousal support or attorney fees before the trial. The most critical component of an RFO is the Income and Expense Declaration (Form FL-150). This document is essential for the following reasons:
- The court generally will not calculate support amounts without a verified breakdown of a party’s monthly income.
- The form provides a transparent view of mandatory tax deductions and household expenses.
- The party signs the form under penalty of perjury, so it serves as sworn testimony regarding their financial state.
Accuracy is vital, as hidden assets can lead to legal penalties. By leveraging pendente lite orders and accurately completing the FL-150, a party can work toward securing the support necessary to move toward long-term stability.