What Kinds of Temporary Financial Relief Can be Awarded During a Florida Divorce?

In Florida, a divorce can’t be finalized until certain issues have been addressed, like alimony, property division, and child custody. While some of those resolutions will be permanent (e.g. property settlement agreements), courts are also willing to issue temporary awards. As their name implies, these kinds of awards are designed to remain in effect only for a specific period of time, usually until a divorce is finalized or until the order is modified. Read on to learn more about the types of temporary relief awarded during a Florida divorce.

Alimony

 Many people associate alimony with payments that are made once a marriage has actually ended. While it’s true that most alimony awards fall under this category, it is also possible to receive temporary alimony while a divorce is still pending. These kinds of awards are issued most often in cases where one spouse earns far less than the other and needs help paying for housing, utilities, transportation, or other basic necessities until their divorce is finalized. Basically, temporary alimony awards are intended to help a lesser earning spouse start the transition to post-divorce life, giving him or her more time to become financially independent. However, to qualify for temporary alimony, a person will need to prove not only that there is a financial need for support, but that the other spouse has the means to pay it. Like other temporary awards, temporary spousal support automatically terminates when the court enters a permanent alimony award as part of a final divorce decree.

Child Support 

Florida law requires both of a child’s parents to financially support their offspring, regardless of the parents’ relationship status. For divorcing couples, this usually means that one parent will be required to pay child support to the other. These amounts are determined by calculating both parties’ incomes and the custody schedule. While one parent will be required to make these payments starting at the time of divorce and lasting until the child turns 18 years old, courts are also allowed to issue temporary child support awards to ensure that the needs of the children are covered while the divorce is pending.

Property Division 

While most property settlement agreements only go into effect when a divorce is finalized, courts do have discretion to address certain issues earlier in the proceedings. If, for instance, a divorcing couple cannot reach an agreement on who will remain in the family home while the divorce is pending, a court can step in and make that determination, albeit on a temporary basis. Eventually, the parties will need to reach an agreement on the fate of the home, or a court will require the parties to sell it and split the proceeds, or will grant ownership of the residence to one spouse in exchange for a different marital asset of equal value.

Our Attorneys are Here to Help with Your Divorce 

You don’t have to wait until your divorce is finalized to start receiving financial assistance from a soon-to-be former spouse. Instead, you could qualify for temporary alimony, child support, or even possession of your home. To learn more, please reach out to the experienced Clearwater divorce lawyers at Cairns Law by calling 727-683-1472 or by sending us an online message.

Sources: 

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.08.html

 flcourts.gov/Resources-Services/Office-of-Family-Courts/Family-Court-in-Florida/Family-Law-Forms/Temporary-Support-12.947-Forms-A-D/Motion-for-Temporary-Support-with-Dependent-or-Minor-Child-ren