Temporary Alimony To Cover Expenses During Divorce Process

Author: Florida Women's Law Group
Date: Jun 24 2021

Temporary Alimony

In Florida, there are four primary types of alimony that a judge can order.  Each is designed to assist the lower-earning spouse to become more financially self-sufficient.  Many times, a wife is hesitant to begin divorce proceedings because she is afraid that her husband will completely cut her off financially and she will have no access to funds to live much less pay for an attorney.  This is where temporary alimony can be beneficial.

Temporary alimony is awarded when the divorce papers are filed and continues until the divorce is final.  The purpose is to allow the spouse that either makes no money or significantly less than the other spouse the ability to pursue the divorce until completion while also covering living expenses during the case.

How Temporary Alimony is Determined

Some forms of alimony are awarded based on duration of the marriage, however, temporary alimony can be granted regardless of the duration of the marriage if there is genuine and valid reasoning.  The spouse that is seeking the alimony must prove that they have a legitimate financial need for support.  The judge can then award what they deem to be fair and reasonable without depriving the paying spouse the ability to support themselves.

In awarding temporary alimony, the judge looks at many of the same factors that they would in other forms of alimony.  These factors include:

• Length of marriage
• Standard of living established during the marriage
• Financial resources of each spouse
• Earning potential and employability of each spouse
• Contributions to the marriage by each spouse
• Children from marriage
• Sources of income available to each spouse

We are often asked if the award of temporary alimony will affect future alimony after the divorce is final.  The answer to that question is no.  Receiving alimony during the divorce proceedings will not guarantee continued support but does not hinder future support either.  The continued need for financial assistance will be addressed with your attorney and determined in your final divorce decree.

Types of Temporary Alimony

A spouse can be awarded temporary alimony to cover the costs of the divorce and provide for basic living expenses.  There are also specific types of temporary relief that can be granted through temporary orders.  These can be modified at any time during the divorce as situations change.  As with temporary alimony, the burden of proving legitimate need for these relief orders falls onto the person requesting them.

1. Temporary Child Support – The needs of children are the same and continue even if a couple separates. The judge will look at the incomes of both spouses and how time-sharing is divided and award a temporary amount of child support.
   
   
2. Temporary Time-Sharing of Children – It is unfortunate, but there are situations where one parent uses the children as leverage during the divorce. The judge can determine the percentage of time the children are with each parent to alleviate the potential for disagreements during the proceedings.  This type of relief order is also beneficial if there is concern over safety of the children when left alone with one parent.
   
   
3. Exclusive Use of Home – During a divorce both parties are entitled to use of the marital home. However, both spouses living in the home may not be the ideal living situation.  This temporary order allows one spouse exclusive use of the home during the divorce.
   
   
4. Exclusive Use of an Asset – This can be applied to a vehicle, financial account, or other asset that it is in the other person’s name. This gives permission for the other spouse to use stated asset until divorce is final.
   
   
5. Temporary Responsibilities of Liabilities and Debts – In the situation where one spouse makes significantly more than the other it is assumed that the higher-earning spouse will continue to pay the bills during the divorce. In some cases, they may stop paying and then a judge will step in and order that the bills continue to be paid for the duration of the case.
   
   
6. Temporary Attorney Fees – This is to ensure that both parties are on an even playing field. If one spouse makes significantly more than the other, then they can be ordered to pay all or some of the other’s attorney fees.

The issue of temporary alimony usually arises when one spouse is the breadwinner and the other either does not work or makes significantly less than them.  It is designed to ensure that the lower-earning spouse will not be cut-off completely from funds and will be allowed to cover expenses while separated and living apart.

Alimony can be complicated, do not try to navigate these complex waters alone. Trust the experienced team of attorneys at Florida Women’s Law Group who are educated on the ever-changing laws in our state and are here to get you what you deserve. We are committed to providing you a positive experience all while seamlessly handling the meticulous details.