2.7 Pendente Lite Relief

• Library: Virginia Family Law: A Systematic Approach (Virginia CLE) (2018 Ed.)

2.7 PENDENTE LITE RELIEF

2.701 What Relief Is Available? A circuit court can grant a variety of forms of temporary relief while the divorce suit is pending. This relief is often referred to as "pendente lite relief." The forms of relief are set forth in section 20-103 of the Virginia Code. The court may make any order that may be proper to accomplish the following:

1.	To compel a spouse to pay any sums necessary for the maintenance and support of the petitioning spouse, including an order that the other spouse provide health care coverage for the petitioning spouse, unless it is shown that such coverage cannot be obtained;
2.	To order a party to pay the secured or unsecured debts incurred jointly or by either party;
3.	To enable a spouse to carry on the suit;
4.	To prevent either spouse from imposing any restraint on the personal liberty of the other spouse;
5.	To provide for the custody and maintenance of the minor children of the parties, including an order that either party provide health care coverage or cash medical support, or both, for the children;
6.	To provide support for any child of the parties to whom a duty of support is owed and to order that support be paid or continue to be paid to support any child over the age of 18 who meets the requirements set forth in section 20-124.2(C);

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7.	For the exclusive use and possession of the family residence during the pendency of the suit;
8.	To preserve the estate of either spouse, so that it will be forthcoming to meet any decree which may be made in the suit; 140
9.	To compel either spouse to give security to abide by such decree; and
10.	To (a) compel a party to maintain any existing policy owned by that party insuring the life of either party or to require a party to name as a beneficiary of the policy the other party or an appropriate person for the exclusive use and benefit of the minor children of the parties and (b) to allocate the premium cost between the parties.

In addition to the forms of relief described above, the court can enter an order excluding a party's family or household member from the jointly owned or jointly rented family dwelling upon a showing of reasonable apprehension of physical harm. ¹⁴¹ Where the court has ordered or awarded temporary financial relief pursuant to section 20-103(A), the obligation should be paid from the postseparation income of the paying spouse unless the court, for good cause, orders otherwise. Upon...