Pendente lite maintenance:
In New York State, the court is authorized to award
maintenance once a divorce action is commenced but before the trial itself by
the filing of a motion for pendente lite (temporary) relief. Any order made
pendente lite terminates upon the final resolution of the case, and is replaced
by any final order or agreement about maintenance, or lack thereof. The
standard used to set an award of pendente lite maintenance is based on new
statutory language and requirements in New York State. Pendente lite
maintenance will usually be determined by the motion’s supporting affidavits,
exhibits and statements of net worth; a hearing is not necessary and is quite
rare.
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