Scope of Pendente Lite orders expanded in Virginia

Created: June 15, 2011

Virginia Code 20-103 provides for Pendente Lite orders.  Pendente Lite orders are temporary orders entered by courts during the pendency of divorce, custody, or visitation etc. suits.  They are most often used as a means to address pressing financial or custody related matters that need to be resolved before the court has an opportunity to hold a full hearing in the case.  Such orders   Under the new statute, courts may “order that a party pay secured or unsecured debts incurred jointly or by either party“.  Here is a full list of the types of orders a court may issue “pendente lite” under the new legislation:

  1. (i) to compel a spouse to pay any sums necessary for the maintenance and support of the petitioning spouse, including (a) an order that the other spouse provide health care coverage for the petitioning spouse, unless it is shown that such coverage cannot be obtained, or (b) an order that a party pay secured or unsecured debts incurred jointly or by either party,
  2. (ii) to enable such spouse to carry on the suit,
  3. (iii) to prevent either spouse from imposing any restraint on the personal liberty of the other spouse,
  4. (iv) to provide for the custody and maintenance of the minor children of the parties, including an order that either party or both parties provide health care coverage or cash medical support, or both, for the children,
  5. (v) to provide support, calculated in accordance with § 20-108.2, for any child of the parties to whom a duty of support is owed and to continue to support any child over the age of 18 who meets the requirements set forth in subsection C of § 20-124.2,
  6. (vi) for the exclusive use and possession of the family residence during the pendency of the suit,
  7. (vii) to preserve the estate of either spouse, so that it be forthcoming to meet any decree which may be made in the suit, or
  8. (viii) to compel either spouse to give security to abide such decree.

It should be noted Virginia Code 20-103(E) provides that Pendente Lite orders ” have no presumptive effect and shall not be determinative when adjudicating the underlying cause“.

Brian Moore

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