A pendente lite order is a temporary court order issued while a divorce or custody case is still pending, before a final judgment is entered. The Latin phrase means "while the litigation is pending." These orders typically address urgent, immediate questions, such as who lives in the family home, who has parenting time in the meantime, and who pays which bills, so that a family is not left without any rules for months or years while the case proceeds.
Why courts issue temporary orders
Divorce and custody cases can take a long time to resolve fully, sometimes a year or more. Without any interim structure, disputes over the children's schedule, the mortgage, or the household expenses could otherwise continue unresolved for the entire case. A pendente lite order fills that gap, giving both parties clear, enforceable rules while the underlying issues are litigated or negotiated toward a final resolution.
What a pendente lite order commonly covers
Depending on the case, a temporary order might address
- a temporary parenting time or custody schedule
- temporary child support or spousal support
- who stays in the marital home while the case is pending
- which party pays which bills or debts in the interim
- restrictions on moving a child out of state or emptying joint accounts
How temporary orders differ from a final order
A pendente lite order is not a final ruling on the merits, and it generally does not set a precedent for what the final outcome must look like, though in practice it can shape the day-to-day pattern a case eventually settles into. It typically ends automatically once the court enters a final judgment or a different order supersedes it, and it is usually easier to modify than a final order since it was never meant to be permanent.
Why this matters for a case
Because temporary orders can meaningfully affect daily life for months and can influence the eventual final arrangement, questions about requesting, opposing, or modifying a pendente lite order in a specific case are best directed to a licensed family law attorney.