Temporary Alimony and Florida Divorce Proceedings

Temporary alimony can be among the most controversial aspects of Florida divorce proceedings. During the course of a divorce, there might be an obligation imposed on one spouse to pay temporary alimony to the other so that one party’s stability might be maintained until a final ruling. It can often be challenging to determine how much alimony should be paid, especially when the divorcing couple is in a high-income class.

In this article, the Tampa, FL, divorce lawyers at Westchase Law, P.A., will discuss a Florida family court case involving temporary alimony awarded to one of the spouses.

Background of the case 

In the aforementioned case, the wife initiated a petition seeking dissolution of marriage and temporary alimony, legal fees, and costs until the final judgment of divorce. Both spouses submitted financial affidavits, and the court held a hearing to determine the extent of temporary financial relief that was needed.

The information provided proved that both spouses enjoyed a very high standard of living prior to initiating the divorce proceedings. It was also established that the husband was the person who took care of most of the bills and had financial resources to continue doing so even after the initiation of the divorce suit. The wife asked for temporary alimony that would provide her with a living standard similar to the one she enjoyed during the marriage.

In this case, the court ruled against the wife and awarded her considerably less money than she asked for. The wife appealed the ruling, claiming the decision did not match the evidence she provided during the hearing.

The appeal

Florida’s Fourth District Court of Appeals assessed whether the temporary alimony award was a proper use of judicial discretion. In making the assessment, the court considered the financial situation of both parties, the standard of living they established during the marriage, and the husband’s ability to make payments during the divorce proceedings.

Ultimately, the appellate court found that the amount of money awarded in the order was inadequate, and the court did not have an adequate basis in the record to justify awarding less. In determining how much money to give, temporary alimony awards are supposed to allow the party to live as close to the marital standard as possible until the divorce is finalized.

The court also referred to past rulings in Florida that stressed the importance of considering real financial facts when deciding how much temporary support to award. Since there was no link between the amount awarded and the finances of the couple in the past, the appellate court overturned the decision.

Talk to a Tampa, FL, Divorce Lawyer Today

Westchase Law, P.A., represents the interests of Tampa residents during their divorce. Call our Tampa family lawyers today to schedule an appointment, and we can begin discussing your next steps right away.

Source:

law.justia.com/cases/florida/supreme-court/1991/75707-0.html