Something commonly discussed during a New Jersey divorce is the need to “maintain the status quo.”
In plain English, neither spouse should suddenly make major financial changes that leave the other person or the children unable to meet their regular expenses while the divorce is pending.
The goal is to keep the family financially stable until the issues can be negotiated or decided by the court.
What Does Maintaining the Status Quo Mean?
The financial status quo is generally based on how the family’s expenses were handled before the divorce began.
Depending on the marriage, that might include payment of:
- The mortgage or rent
- Property taxes
- Utilities
- Car payments
- Health and other insurance
- Child-related expenses
- Regular household costs
- Existing financial support
It does not necessarily mean that every expense must continue unchanged. Supporting two separate households is often more expensive than supporting one, and the same income may no longer cover everything.
The status quo is an important starting point, but it is not always the final answer.
What If Your Spouse Suddenly Stops Paying?
Suppose one spouse has historically paid the mortgage, utilities and most household expenses.
After the divorce is filed, that spouse suddenly stops paying some of those bills without warning.
The other spouse’s lawyer may first contact the lawyer on the other side and attempt to resolve the problem.
If that does not work, the affected spouse may file a motion.
A motion is a formal request asking the judge for help. In this situation, the motion might ask the court to establish temporary financial support and require certain expenses to continue being paid while the divorce proceeds.
The spouse who stopped paying would have an opportunity to respond and explain why the prior arrangement is no longer reasonable or affordable. The judge would then consider both sides.
Temporary Support During a Divorce
Financial orders entered while a divorce is pending are often called pendente lite orders. “Pendente lite” simply means “while the litigation is pending.”
These temporary orders may determine:
- Who pays the mortgage and household bills
- Whether one spouse pays temporary support
- How children’s expenses will be divided
- Who maintains insurance
- Which expenses each spouse must cover
A temporary order does not necessarily determine what will happen in the final divorce settlement. Its purpose is to establish a workable arrangement while the case continues.
Can the Status Quo Be Changed?
Yes.
A judge may decide that the prior arrangement is no longer practical or fair.
For example, one spouse’s income may have decreased. A job may have been lost. The family may now be supporting two homes. A child’s needs may have changed, or a spouse who was previously unable to work may now have the ability to earn income.
The court may consider the family’s prior lifestyle, current income, actual expenses and each person’s ability to contribute. That is why neither spouse should assume that “maintaining the status quo” automatically means everything will remain exactly as it was before the divorce.
What About Attorney’s Fees?
If one spouse unnecessarily forces the other to file a motion, the person filing may ask the judge to make the other spouse contribute toward the resulting attorney’s fees.
That request is not automatically granted.
The judge may consider the parties’ finances, whether their positions were reasonable and whether either person acted in bad faith.
Do Not Make Major Changes on Your Own
If the existing financial arrangement is no longer affordable, do not simply stop paying bills or cancel important coverage without first getting legal advice.
Likewise, if your spouse suddenly stops supporting the household, do not assume that you must accept it until the divorce is over.
Your lawyer may be able to negotiate a temporary arrangement or ask the court to establish one.
The Bottom Line
Maintaining the financial status quo during an NJ divorce is about preserving reasonable stability while the case is pending.
It does not mean that every dollar must continue being spent exactly as it was during the marriage. It means that major financial changes should be addressed carefully, not imposed unilaterally.
If you are facing a New Jersey divorce, my free Divorce Smarter Course can help you understand support, property and the decisions you may need to make before your case is resolved.
Steve