Temporary Alimony: How It’s Awarded and Modified

– Spouses dealing with divorce often face emotional and financial stress.
– In Florida, a spouse can seek temporary alimony during the divorce process.
– To obtain temporary alimony, the spouse must provide evidence of financial need.
– Either spouse can request a modification of the temporary alimony award if circumstances change. – The court must determine if the support-seeking spouse has a legitimate need for alimony and if the other spouse has the financial ability to pay it.
– The court must consider the standard of living during the marriage, the duration of the marriage, the age and physical and emotional condition of each party, and the financial resources of each party.
– The court must also take into account the earning capacities, educational levels, and vocational skills of the parties, as well as the contributions each party made to the marriage and the responsibilities each party will have with regard to any children they have in common.
– Additionally, the court must consider the tax treatment and consequences of any alimony award, all sources of income available to either party, and any other factor necessary to ensure fairness and justice between the parties. 1. Temporary support orders are not permanent and can be modified or vacated at any time during a case.
2. Temporary alimony awards can be modified without a substantial change of circumstances, unlike alimony awarded in a final judgment.
3. The modification of temporary support orders may be retroactive to the date of the initial entry or the date of filing a supplemental petition for modification. 1. §61.071, Fla. Stat. (2016) deals with time-sharing schedules for parents who live separately.
2. §61.08(2), Fla. Stat. (2016) addresses the factors that courts consider when determining alimony in a divorce case.
3. In Fonderson v. Lairap, 98 So. 3d 715, 717 (Fla. 2d DCA 2012), the court made a decision about a family law case.
4. de Gutierrez v. Gutierrez, 19 So. 3d 1110, 1113 (Fla. 2d DCA 2016) involved a family law matter that was ruled upon by the court.
5. §61.08(2)(a – j), Fla. Stat. (2016) lists specific factors that courts consider when determining alimony.
6. In Ghay v. Ghay, 954 So. 2d 1186, 1190 (Fla. 2d DCA 2007), the court made a decision related to a family law case.
7. “Id.” refers to the previously mentioned case Ghay v. Ghay, 954 So. 2d 1186, 1190 (Fla. 2d DCA 2007).
8. §61.14, Fla. Stat. (2016) is a statutory provision related to time-sharing schedules and parenting plans for children of divorcing parents.
9. “Id.; See Cleary v. Cleary 743 So. 2d 1163 (Fla. 5th DCA 1999)” references a previous case and its citation.
10. Dunkel v. Dunkel, 196 So. 3d 480 (Fla. 2d DCA 2016) involved a family law matter that was ruled upon by the court.

Temporary Alimony – Award & Modification


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