Divorce litigants often hear judges and their attorneys recite the importance of “maintaining the status quo” during the pendency of the litigation. N.J.S.A. 2A:34–23 imparts the court with the statutory authority to provide pendente lite relief in the form of support in matrimonial actions, which is well established in practice and precedent. Crowe v. De Gioia, 90 N.J. 126, 130 (1982); Schiff v. Schiff, 116 N.J. Super. 546, 562 (App.Div.1971), certif. den. 60 N.J. 139 (1972). The general purpose of pendente lite support is to maintain the parties in the same or similar situation they were in prior to the inception of the litigation “to preserve the status quo through the device of awarding temporary financial support pending a full investigation of the case.” Mallamo v. Mallamo, 280 N.J. Super. 8, 11-12 (App.Div.1995).

However, with an increasing number of middle-class families struggling to make ends meet financially, it is often untenable to maintain the status quo during the pendency of a divorce. Many married couples in two-income households are barely getting by, particularly during a divorce when it is common for the parties’ expenses to increase. In certain situations, parties may be living in two households and find themselves unable to meet two sets of shelter expenses while trying to maintain their other transportation and personal expenses. These financial strains may cause couples to fall in arrears on their mortgage and other bills and even face foreclosure. Those in this predicament may want or need to disturb the status quo by selling an asset in order to reduce their expenses or free up funds to pay their ongoing expenses.

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