Florida Allows Temporary Support While The Divorce Is Pending to Help The Spouse With No Money

Written By: Lenorae C. Atter, Attorney
Wood, Atter & Wolf, P.A.

Florida divorce/family law courts recognize discrepancies in the incomes of both parties and have developed access to courts early in the process through a Motion for Temporary Needs. Once filed, there is a hearing to establish the needs of the parties until the divorce can be finalized. The motion for temporary needs can include the following issues:

1. Who will live in the marital home while the divorce is pending.
2. When children are involved, a temporary time-sharing plan (visitation).
3. Child support to be paid based on that [time-sharing plan] schedule.
4. Spousal support (determined based on the same provisions as general alimony, but sometimes it is more generous on the temporary basis since the separation is fresh and expenses are unknown).
5. Attorney fess and costs that were necessary for filing the divorce and getting representation. The idea is that if one party can afford an attorney, then the other party should have the same ability.
6. Any other items that need to be determined early so that the parties can make it from the filing to the final hearing.
7. Florida courts recognize that some spouses do not have the income of the other and may have a need for assistance while they go through a divorce.

The idea of providing for the parties during the divorce proceedings is to keep the parties on an even playing field. To better understand your rights and options regarding the issues above you should speak with an experienced divorce/family law attorney.