Pendente Lite Alimony in the District of Columbia
While a D.C. divorce or separation is pending, the court may order pendente lite alimony using the same nine factors, child support, suit money including attorney fees and exclusive use of the family home, and may make alimony retroactive to the filing date.
What pendente lite relief is
During the pendency of an action for legal separation, divorce, termination of a domestic partnership or a nullity action where nullity is denied, the court may order the spouse or partner to pay pendente lite alimony, pendente lite child support including health insurance and cash medical support, and suit money including counsel fees to let the other party conduct the case (D.C. Code 16-911(a)).
The factors and retroactivity
In setting pendente lite alimony, the court considers the factors in Section 16-913(d) and may make the award retroactive to the date of the filing of the pleading requesting alimony. The factors are in the factors the court weighs.
Protecting the money
The court may enforce its orders by attachment, garnishment or imprisonment for disobedience, enjoin a disposition of property made to avoid paying, sequester property and apply its income if a party refuses to pay, and order an assignment of part of salary or wages if a party is in arrears. Employers may not discharge or discipline an employee because of an attachment, garnishment or assignment.
The family home
The court may award exclusive use of the family home or another dwelling available as a residence while the case is pending to either party as is just, equitable and reasonable after considering all relevant factors, without regard to the parties’ respective interests in the property. This is use, not ownership: it does not decide who ends up with the home.
Payments through the Collection and Disbursement Unit
The court may order that maintenance or support payments be made to the Collection and Disbursement Unit, and must do so when the Unit is responsible for collecting and disbursing them.
What to bring to the hearing
Income and expense statements for both households, proof of the date alimony was first requested, and the lease or mortgage for the family home if you want to ask for exclusive use of it.
Other relief and next steps
The court may order any other appropriate pendente lite relief and decide custody of minor children pending the final decision. Bring income and expense statements to the hearing and see the District of Columbia alimony calculator for what a retroactive award could add up to.
Frequently asked questions
Can I get alimony while my D.C. divorce is pending?
Yes. The court may order pendente lite alimony, child support and suit money during the pendency of the action.
Is pendente lite alimony retroactive in D.C.?
It may be made retroactive to the date of the filing of the pleading that requests alimony.
Can D.C. pendente lite relief include attorney fees?
Yes. The court may require a party to pay suit money, including counsel fees, to enable the other party to conduct the case.
Can a D.C. court decide who lives in the family home during the case?
Yes. It may award exclusive use of the family home to either party as is just, equitable and reasonable, regardless of ownership interests.
How can D.C. pendente lite orders be enforced?
By attachment, garnishment, imprisonment for disobedience, sequestration of property and assignment of part of wages, and payments may be made through the Collection and Disbursement Unit.
Official sources
A local family law attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited District of Columbia statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed District of Columbia attorney.