There are two main types of support contemplated in divorce actions. One is child support, which includes both regular monthly (or other periodic) payments, and can include in addition to those regular payments use and possession of a family home or car, medical insurance for children, child care expenses, extraordinary medical expenses, and other child-care related expenses like tuition for school or camps. The calculation for child support is formulaic but there are strategic considerations that will be discussed in another post.
The second type of support is alimony which is often referred to as spousal support. Alimony are payments awarded to one spouse from the other to avoid an inequitable situation that would occur post-divorce. Alimony has many factors that a court considers but those factors more or less funnel into the two questions of whether or not one spouse needs the support; and whether or not the paying spouse can afford to pay the support requested. A separate post will deal with alimony specifically.
Use and Possession
The law also allows for a judge to award “use and possession” of a family home and other personal property to one party regardless of how the property is titled or who owns the property. Commonly, family vehicles are subject to use and possession awards in addition to real property. Use and possession awards are only applicable when the property is used by at least one of the parties’ minor children. Therefore, the court applies the “best interest standard” in determining whether or not a use and possession award is appropriate. The court can order that one party pay all or a portion of the expenses associated with the use and possession of property, including any mortgage, tax liability, insurance, rent, etc. The limit to the award for use and possession of real or personal property is three (3) years. Similar to other types of support, the use and possession ends when the receiving party remarries.
Attorneys Fees and Suit Money
Negotiating a divorce is expensive. Most people, especially in a contested divorce, obtain an attorney to represent them and advise them in the divorce process. Also, to investigate your case, parties in a divorce usually have expenses like hiring an accountant to advise them on tax consequences of their divorce or for forensic needs like tracking down hidden money. A court can award that one party pay for all or a portion of the other’s attorneys fees and other expenses related to the divorce action. Usually the consideration to this is limited to the financial circumstances of the parties — not who is at fault for the divorce or other considerations.
Other types of support
Support awards are not limited to what the law specifically allows. Parties can contractually agree to a number of different ‘remedies’ in a divorce agreement. Some common examples include that one party will continue to pay all or a portion of the expenses for a family home for a specific period of time or until a condition occurs, one party can be contractually obligated to maintain life insurance for the benefit of the other spouse or for the parties’ children, and one party can be contractually obligated to contribute to the college tuition and expenses for the parties’ children. These types of ‘remedies’ are equitable in nature and while they are not specifically codified in the law, a judge can order them as an equitable remedy in a divorce.
Pendente Lite (pronounced: pen-den-tey lee-tay) is a Latin phrase meaning, “pending litigation.” Upon request from one party in a divorce action, the court can award temporary relief to a party during the pendency of the divorce action. The court will consider immediate needs for the parties and their children’s wellbeing, which are not necessarily the same considerations as outlined above. While a party must wait for their divorce action to be “ripe” to file for an absolute divorce, a party may file for a ‘limited divorce’ in order to receive temporary relief, or support pendente lite. This temporary relief includes child support, use and possession of family assets, and alimony. It does not include a division of marital assets or other property.
Pendente lite hearings are also held for temporary custody and visitation arrangements. Pendente lite custody hearings may be held to determine what custody arrangement is in the best interest of the children pending the divorce litigation.