- 11 - 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-Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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