Temporary Alimony: What is it?
Temporary alimony refers to financial support that a court can grant to either spouse while a divorce case is ongoing, prior to the final judgment.
When is it awarded?
The standard for a temporary alimony award is the same as for alimony at the end of the case. The court takes into account:
- The parties’ standard of living
- The needs of the party requesting temporary alimony
- The other spouse’s ability to pay.
How much?
Temporary support is based on the parties’ current income. The purpose of temporary alimony is to enable the receiving spouse to have a semblance of the lifestyle enjoyed during the marriage until the divorce is granted.
As readers of this blog know, as of July 1, 2023, the Court can no longer award durational alimony (alimony paid after the conclusion of the case) for marriages that have lasted less than three years; nevertheless, temporary alimony can be awarded irrespective of the length of the marriage. Additionally, temporary alimony may be awarded while an appeal of a final judgment is pending to protect the welfare and rights of a party during the appeal.
In determining the amount of temporary alimony, the needs and ability to pay of the spouses are balanced. For example, temporary alimony awards should not include long-range and vacation items. The receiving spouse is not required to deplete their marital assets before temporary alimony can be awarded. Temporary alimony cannot exceed the needs identified in a party’s financial affidavit.
A temporary alimony award cannot serve as the basis for an award of alimony after the conclusion of the case.
Our firm will generally request an award of temporary alimony in the initial petition filed to begin the action. From that point on, the request for temporary support is made by a motion to the court and may be awarded after an evidentiary hearing.
Remember that our firm is always available to assist you in all your family law matters. Our firm has been fighting for our clients for over 40 years in Dade and Broward and for 25 years in the Florida Keys.
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