Posted by Nydia Streets of Streets Law in Florida Alimony
Florida family law courts have broad discretion in fashioning temporary relief remedies. However, that power is not unlimited. This was an issue in the case Strolla v. Strolla, 4D2024-2294 (Fla. 4th DCA March 19, 2025).
This matter concerns a temporary relief hearing in a pending divorce. The wife sought temporary alimony. The trial court determined at a hearing that the wife presented no competent substantial evidence as to her current monthly expenses. The court then ordered the husband to pay certain household expenses, and found he had the ability to pay by reducing his monthly individual expenses. The appellate court reversed, holding “The court’s determination that Husband has the ability to pay the court-ordered amounts is not supported by competent substantial evidence because no evidence was presented below as to Husband’s ability to reduce his monthly expenses. While we recognize that temporary relief orders are among the areas where trial judges have the broadest of discretion, such orders must still be supported by competent substantial evidence as to need and ability to pay.”
Schedule your meeting with a board-certified Miami divorce lawyer to learn more about how the law may apply to the facts of your case.