Fault for the break-up of the marriage has traditionally no bearing on alimony pendente lite. In fact, the spouse seeking pendente lite alimony need only allege a ground for divorce and is not required to prove one to secure pendente lite alimony.
Factors for Award of Pendente Lite Alimony
Only the respective financial abilities of the spouses to support themselves are considered when determining an award of pendente lite alimony. As a result an award of pendente lite alimony does not control an award of rehabilitative or indefinite alimony.
Evidence for Pendente Lite Alimony
The purpose of pendente lite alimony is to maintain the status quo of the parties until a final resolution of their divorce. Since the focus is on the needs of the requesting party in comparison to the other party's ability to pay pendente lite alimony, after paying their own expenses, financial statements and documentation supporting the expenses of the parties is the primary evidence used to support and/or defend against such a request.