Married couples often work together to save for a home and to manage all maintenance obligations after buying a house. Many couples commit 30% of their monthly income toward their mortgages and even more toward the improvement of the home where they live.
It is only natural for those preparing for a New Jersey divorce to worry about their houses. Under equitable distribution rules, both spouses have a right to a portion of the equity in the home, although typically only one spouse stays in the home post-divorce. Lower-earning spouses and stay-at-home parents who may hope to remain in the marital home, possibly because they have more parenting time with shared children, may worry about their ability to afford the mortgage.
Who generally pays for a mortgage while a divorce is underway but there is no final property division order on record?
Temporary orders can address the mortgage
Sometimes, spouses preparing for an uncontested divorce can establish an arrangement where they share responsibility for the mortgage, even if one spouse leaves the marital home while the divorce is still in progress. However, disagreements about possession of the home and responsibility for the mortgage are quite common.
The courts can potentially address both possession and mortgage obligations in temporary orders issued in the early days of the divorce. If the spouse staying in the home lacks the income to fully cover the mortgage and other expenses, the courts can issue temporary alimony orders.
Specifically, pendente lite alimony payments exist for the purpose of addressing financial inequities while the divorce is underway. The courts can order a higher-earning spouse to pay the mortgage or provide direct financial payment to the spouse staying in the home for a substantial portion of the mortgage amount due every month.
Such arrangements allow spouses to protect their home equity until they have a final property division decree addressing the final disposition of the home. Spouses concerned about affording a mortgage during divorce may need to talk with an attorney as soon as possible before they file or after a spouse serves them.
Requesting pendente lite alimony can help those who might struggle to pay their mortgage on their own afford the home until they receive their share of the marital estate at the end of their divorce.
