What is Temporary Orders (Pendente Lite)?
Updated January 24, 2026
Court orders that set rules for custody, parenting time, support, use of the home and other issues while a divorce or family case is pending, until the court enters a final judgment.
Understanding Temporary Orders (Pendente Lite)
"Pendente lite" is Latin for "pending the litigation." Temporary orders can cover who stays in the marital home, a temporary parenting schedule, temporary child support and spousal support, payment of bills, attorney fees and restrictions on selling or moving assets. A party usually requests them by motion, and the court decides after a hearing, often on limited evidence such as financial affidavits and short testimony. Some courts can issue emergency orders on short notice when there is a risk of harm, which last only until a hearing. Many states also have automatic orders that take effect when a divorce is filed, such as restrictions on removing children from the state or transferring assets. Temporary orders do not decide the final outcome, but they often shape it.
Examples
- 1A temporary order giving one spouse exclusive use of the marital home while the case is pending
- 2Temporary child support set by guidelines until trial
- 3An order preventing either spouse from withdrawing retirement funds during the divorce
Why This Matters in Legal Cases
Temporary orders can last for months or longer, and the arrangement in place while the case is pending often becomes the starting point for the final result, especially on parenting time. Violating a temporary order can lead to contempt. Clients need to understand both what the orders require of them and how much weight the temporary arrangement may carry later.
Frequently Asked Questions
How long do temporary orders last?
Do temporary orders affect the final decision?
What happens if the other spouse does not follow a temporary order?
Related Terms
Financial Affidavit
A sworn statement filed in a divorce or other family case that lists a party's income, expenses, assets and debts, used by the court to decide support, property division and attorney fees.
Child Support
Ongoing payments made by a non-custodial parent to help cover the costs of raising their child, typically continuing until the child reaches adulthood.
Alimony
Court-ordered financial support paid by one spouse to the other during or after divorce, also known as spousal support or maintenance.
Protective Order
A court order that requires one person to stay away from another, often issued in cases of domestic violence, harassment, or stalking.
Divorce
The legal dissolution of a marriage by a court or other competent body, ending the marital relationship and dividing assets, debts, and responsibilities.
For Family Law cases
In a divorce, the financial record starts in the client’s phone.
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