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What is Covered by Temporary Alimony?

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Temporary alimony, or spousal support, is financial support paid by the higher earning spouse to the lesser earning spouse while the divorce is ongoing. It can be ordered while the case makes its way through the court system for a divorce, legal separation, or even for an annulment. The purpose of temporary spousal support is to maintain the status quo, but it can be difficult to figure out what exactly that means. At the law office of Blair H. Chan, III in Tampa Bay, our team is here to help demystify temporary spousal support and other complex aspects of filing for divorce in Florida. To learn more, call or contact our office today to schedule a free consultation.

The Purpose of Temporary Alimony

Temporary alimony is meant to help the lesser earning spouse stay financially afloat while a divorce is ongoing. The award and amount of temporary alimony depends largely on the standard of living for the spouses prior to filing the dissolution of marriage. The purpose of temporary alimony is to maintain the standard of living for both spouses even if their earning potential is unequal. The spouse requesting temporary alimony will submit a request that documents their need for spousal support that details how much they need for certain expenses. Commonly covered expenses for temporary alimony include the following:

  • Mortgage payments
  • Car payments
  • Insurance payments
  • Utility bills
  • Groceries
  • Clothing
  • Beauty and wellbeing, and more.

An experienced attorney can review your monthly expenses to determine what amount of temporary alimony is appropriate to request from the court to maintain a standard of living during a divorce.

Modifying or Terminating Temporary Alimony

Just like other types of alimony payments, a request can be made by either spouse to modify or terminate temporary alimony payments if a substantial change in circumstances has occurred. In order to modify or terminate temporary alimony, the spouse requesting the increase or decrease in payments that the change in circumstances is material, permanent, and unanticipated at the time that the court made the initial award of temporary alimony. Common examples that warrant a modification in temporary alimony payments include:

  • Permanent job loss of the spouse paying alimony
  • Significant raise or income increase for the spouse receiving alimony
  • Health and medical issues for either spouse
  • Cohabitation of the spouse receiving alimony, and more.

However, it is important to point out that the higher earning spouse cannot avoid paying temporary alimony while a divorce is ongoing by simply choosing to not seek gainful employment. The court is allowed to impute an income on a higher earning spouse for what they should be making as income and still order that temporary alimony be paid to the lesser earning spouse during the divorce. Failure to pay court ordered temporary alimony can also result in being held in contempt of court, mandatory income withdrawals, and other penalties.

Talk to the Office Today

If you would like to learn more about temporary alimony and how it might be awarded in your case, call or contact the law office of Blair H. Chan, III today to schedule a free consultation with an experienced Tampa divorce attorney.

 

Resource:

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

https://www.bchanlaw.com/how-substance-abuse-can-affect-a-florida-divorce/

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