Pendente Lite

Pendente lite refers to the temporary orders or actions taken during the course of litigation to maintain the status quo until the matter is resolved. It is commonly used in family law to describe temporary support or custody arrangements pending a final judgment.

The term originates from Latin, meaning 'pending the litigation' and has been part of legal lexicon since the development of common law. Historically, it has been used to ensure fairness and protect the rights of parties while a case is actively being litigated.

In modern law, pendente lite motions can be filed to request temporary relief that might include alimony or child support in divorce cases, or preliminary injunctions to prevent irreparable harm before a final ruling. Courts often grant these orders to balance the interests of both parties until a conclusive decision is made.

• A spouse requests temporary alimony while a divorce is pending, seeking financial support until the final decree.
• A party in a lawsuit seeks a temporary restraining order to prevent the other from selling a shared asset during the litigation.

• Khan v. Khan, 246 A.D.2d 133 (N.Y. App. Div. 1998)