Marie A. Gonzales - Page 11

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          the divorce becomes final, the pendente lite order terminates                
          unless it provides otherwise or is reduced to judgment before-               
          hand.  See Mallamo v. Mallamo, 654 A.2d 474 (N.J. Super. Ct. App.            
          Div. 1995).  In the present case, the failure of the temporary               
          order to say expressly whether payments thereunder cease at                  
          petitioner's death means that they terminate when the divorce                
          becomes final, and not at the happening of any other event.                  
               New Jersey law also recognizes that pendente lite orders are            
          modifiable before and at the time of final judgment.  See                    
          Capodanno v. Capodanno, 275 A.2d 441, 445 (N.J. 1971); Jacobitti             
          v. Jacobitti, 623 A.2d 794 (N.J. Super. Ct. App. Div. 1993),                 
          affd. 641 A.2d 535 (N.J. 1994); Schiff v. Schiff, 283 A.2d 131,              
          140 (N.J. Super. Ct. App. Div. 1971).  Oftentimes, such orders               
          are modified because they are entered without a plenary hearing.             
          See N.J. Ct. R. 5:5-4(a); Schiff v. Schiff, supra.  Only after a             
          full trial has been held does the court have a clear picture of              
          the parties' economic status, at which time it can reexamine the             
          pendente lite order and amend it retroactively.  See Mallamo v.              
          Mallamo, supra (holding that pendente lite child support may be              
          modified retroactively after a full trial); Jacobitti v.                     
          Jacobitti, supra (holding that pendente lite alimony may be                  
          modified retroactively after a full trial).                                  
               These things taken together suggest that New Jersey law                 
          would not necessarily have relieved Dr. Gonzales of his obliga-              

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