2. When can maintenance pending suit be applied for?

Maintenance pending suit (“MPS”) can be applied for after a divorce, nullity, or judicial separation petition has been presented, or after a joint application has been made, but before the matrimonial proceedings have been finally determined.

An application for MPS must therefore be made before a decree absolute is pronounced. Once the suit has been determined by the pronouncement of a decree absolute, the court will lose its power to make an order for MPS because there is no longer a “suit pending”.