3. How can the applicant apply for maintenance pending suit?
An application for maintenance pending suit (“MPS”) may only be made after matrimonial proceedings have already begun. This means that a petition for divorce, nullity, or judicial separation must first have been filed before the court can consider an application for interim maintenance.
The application must be made by a formal summons. The applicant must also provide evidence in support of the application in the form of affidavit/affirmation. The affidavit/affirmation should explain the applicant’s financial circumstances, including income, capital resources, and monthly expenses, as well as the basis that the respondent’s ability to pay for the requested amount. The list of expenses should be detailed enough to allow the court to assess the applicant’s reasonable immediate needs pending the final resolution of the financial matters.
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