Motions for Temporary Relief (Pendente Lite) FAQ

In Alabama, you can file a motion for temporary relief, also called pendente lite relief. This type of motion asks the court to make temporary orders to get you through the time when your divorce is pending. The court can make temporary restraining orders and orders for child custody, child support, spousal support (alimony), and possession of the family home.

When can I file a motion for temporary relief?

You can file for temporary relief when you file for divorce or any time after you’ve filed for divorce. In Alabama, the first spouse to file for divorce files a Complaint for Divorce. The other spouse responds with an Answer to Complaint for Divorce. You can file your motion for temporary relief with either of these documents or any time after you file it.

How will the judge decide whether or not to grant my request?

The judge will look at the circumstances of your situation and decide whether you need temporary relief.

For spousal support, Alabama law sets out specific requirements. To get temporary alimony while your divorce is pending, you essentially must show that you need the support and your spouse has the ability to pay it. (Ala. Code § 30-2-56 (2026).)

A judge decides the amount of spousal support based on what it would take to help you maintain, as much as possible, the lifestyle you had during your marriage, taking into account your income and your spouse's income, earning capacity, and financial needs.

For child support and custody, the judge will consider the best interests of the children.

How long will the temporary order last?

The court can order temporary relief that lasts for the duration of your divorce process. When the divorce is final, permanent orders go into effect. Temporary alimony automatically ends once the court enters the final divorce judgment. If your circumstances change during the course of your divorce, you can file a motion requesting that the judge modify your temporary orders.

If the court grants temporary relief, will it grant similar permanent relief when my divorce is final?

Not necessarily. During the course of the divorce, the court may acquire information that would cause it to make different final orders. For final orders, Alabama law generally favors rehabilitative alimony over open-ended periodic alimony. Rehabilitative alimony is support for a limited time (usually five years, absent extraordinary circumstances), designed to help the receiving spouse become self-supporting. (Ala. Code § 30-2-57 (2026).)

For example, a stay-at-home mom who has never worked may get enough temporary spousal support to maintain her current lifestyle while the divorce is pending. But after the divorce is final, a judge may decide that rehabilitative support is more appropriate, giving her support while she completes job training or a degree and then tapering off after she reenters the job market. Periodic alimony, when awarded, generally can't last longer than the marriage itself, unless the marriage lasted 20 years or more.

If you and your spouse can agree on the terms of your divorce without a trial, you can essentially decide the terms of your permanent support and child custody issues, although a judge will still have to approve your agreement.

How do temporary restraining orders work?

Under certain circumstances, the court may enter orders restraining a party from various activities pending the final resolution of the divorce. The court usually provides temporary restraining orders in cases of violence or abuse, but the court may also use them to preserve marital property during the divorce process and keep one spouse from wasting or disposing of shared assets while the divorce is pending.

Do I need to hire a lawyer to file a motion for a temporary order?

In almost all cases, it is wise to hire a divorce lawyer to file a motion for a temporary order. A judge’s decision often comes down to how your circumstances are presented and supported with evidence. A lawyer knows what the court needs to see and how to present it in the most persuasive way possible.

If you can't afford a lawyer, Legal Services Alabama provides free civil legal help to low-income residents of Alabama, including divorce and custody matters. You can also check the Alabama State Bar's Volunteer Lawyers Program or Alabama Free Legal Answers for other low-cost or free options.

Learn more about Alabama Divorce and Family Law.