Temporary Alimony

When a couple divorces, one party will frequently experience financial hardships during the process of ending their marriage. Without adequate economic resources, a person will have difficulty meeting their basic needs or paying an attorney to fight to protect their interests, and the dissolution of a marriage can take years. As such, the Florida legislature dictates that the courts can grant temporary alimony in divorce cases under certain circumstances. If you want to end your marriage and you have questions about whether you or your spouse could be eligible to obtain temporary alimony, it is smart to confer with an attorney as soon as possible. Attorney Sandy T. Fox is a skilled Miami divorce lawyer who can assess the facts of your case and aid you in pursuing the best outcome available under the law. Mr. Fox is a Florida Bar Board Certified Specialist in Marital & Family Law, and he frequently represents parties in divorce action in Miami.

The Florida Statutes expressly permit the courts to award parties temporary alimony, also known as alimony pendente lite, to a spouse during divorce proceedings so that they can maintain the standard of living established during the marriage. Essentially, temporary alimony ensures that the lower-earning spouse is financially secure during the divorce process.

It is important to point out that either party can seek temporary alimony in a divorce action. In other words, it does not matter whether they are the ones who filed or responded to the petition for dissolution. Typically, if a party is seeking temporary alimony, the courts will hold a hearing during which they will receive testimony and evidence from both sides; such evidence usually includes bank statements and other financial records and documentation regarding employment history, education, and any documented medical issues. The courts will then analyze whether the party seeking temporary alimony demonstrated an actual need for financial support during the pendency of the divorce and whether the other party possesses the ability to pay such support. If so, the courts may order one party to pay the other temporary alimony.

Notably, the law does not dictate what constitutes a suitable temporary alimony award and instead advises the courts to grant a “reasonable sum.” Usually, the courts will look at several factors to determine the appropriate award of temporary alimony, such as the financial resources of each party, the length of the marriage, the standard of living during the marriage, and each spouse's earning capacity. The law does not dictate what a party receiving temporary alimony can use the money for, but generally, they will use the funds to cover the cost of things like housing, transportation, food, clothing, insurance, and child care.

Temporary alimony is designed to help a party meet their needs while a divorce is pending and ends when a court issues the final divorce decree. At that point, the court may order one party to pay the other rehabilitative, bridge-the-gap, or durational alimony if they deem it equitable after considering the specific facts of the case. In some instances, the amount of alimony granted after a divorce will be similar to the amount of temporary alimony awarded. Simply because a court orders a party to pay alimony after a divorce is final does not mean that it will be in the same amount as the temporary alimony award, however. Instead, it could be a lump sum or could be gradually reduced over time.

It is important for people considering ending a marriage to understand how a divorce may impact them financially. If you are deliberating whether you should pursue a divorce, you should consult an attorney to discuss how a divorce may affect you economically and whether temporary alimony may be awarded in your case. The experienced Miami divorce attorneys of the Law Offices of Sandy T. Fox, P.A. assertively advocate on behalf of their clients to help them seek a fair and equitable dissolution, and if you hire us, we will diligently pursue the outcome you deserve. We have an office in Miami, and we routinely represent people in divorce proceedings throughout the city. You can contact us at 800-596-0579 or via our online form to schedule a free and confidential conference.