6.9 Pendente Lite Relief

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

6.9 PENDENTE LITE RELIEF

When spousal support or child support is in dispute, the trial court may enter an order pending the suit as provided in section 20-103 of the Virginia Code. Section 20-103 applies in suits for divorce, annulment, and separate maintenance and also in spousal support and child support proceedings brought in the juvenile and domestic relations district court pursuant to subsections (A)(3) or (L) of section 16.1-241. The court may order several different types of relief in the nature of support that will remain in effect during the pendency of the suit. These include spousal and child support, health care coverage for a spouse and child, cash medical support for a child, an order directing a party to pay specific debts, exclusive use and possession of the family residence, and funds to support the litigation. ¹⁵⁶ Other types of temporary relief also are available while the suit is pending. Section 20-103(A) gives the court pretrial authority to require that a party maintain an existing policy owned by that party insuring the life of either party or to require a party to name as a beneficiary an appropriate person, including the other party, for the exclusive benefit of the parties' minor children. The court can also allocate the costs of maintaining the policy between...