Miami family law attorney blog
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Florida temporary alimony
Posted by Nydia Streets of Streets Law in Florida Divorce
If a party to a divorce is being assisted by a relative in paying for living expenses and/or attorney’s fees, does this mean that party would not be entitled to an award of temporary alimony and/or attorney’s fees? This was an issue in the case Zalkin v. Zalkin, 4D2023-2245 (Fla. 4th DCA August 7, 2024).
Posted by Nydia Streets of Streets Law in Florida Divorce
Temporary support orders are entered in Florida family law cases to grant relief regarding alimony and child support before a trial is held. Trial can take several months or even years to reach, so temporary relief is a remedy that is vital for some parties. This was an issue in the case Johnson v. Johnson, 5D22-2800 (Fla. 5th DCA April 12, 2024).
Posted by Nydia Streets of Streets Law in Florida Alimony
What is temporary alimony in Florida? This is alimony awarded while a divorce case is pending, meaning before a final judgment of divorce is entered. Sometimes a temporary alimony award is needed to maintain the status quo so that a spouse who needs financial support is not waiting until trial (which could be several months away) before he or she can receive money for living expenses. Temporary support was an issue in the case Adams v. Cunningham, 4D2023-0572 (Fla. 4th DCA January 24, 2024).
Posted by Nydia Streets of Streets Law in Florida Divorce
What type of temporary relief can a court award in a pending Florida divorce case? Some examples include alimony, child support and even early equitable distribution. A judge has broad discretionary authority when it comes to temporary relief, but this is not without limits. This was an issue in the case Williams v. Williams, 1D21-2454 (Fla. 1st DCA July 5, 2023).
Posted by Nydia Streets of Streets Law in Florida Divorce
How much in temporary attorney’s fees will a court require a party to pay in a Florida divorce? Determination of attorney’s fees is on a case-by-case basis, and the court must primarily analyze a party’s need for fees and the other party’s ability to pay fees. This was an issue in the case Hasson v. Hasson, 4D21-1282 (Fla. 4th DCA May 25, 2022).
Posted by Nydia Streets of Streets Law in Florida Divorce
Alimony and child support can be awarded on a temporary basis while a Florida family law case is pending. It is important that an order awarding temporary support specifies how much of the payment is for alimony and how much of it is for child support. This was an issue in the case Shaw v. Shaw, 4D21-2556 (Fla. 4th DCA April 6, 2022).
Posted by Nydia Streets of Streets Law in Florida Alimony
When a party requests temporary alimony in a Florida divorce, the court usually has more discretion in making the award than it does a final alimony determination. This is because temporary awards only last until the final judgment is entered, and therefore can be modified more easily than a final award. A temporary alimony order was an issue in the case Kennedy v. Kennedy, 4D20-2773 (Fla. 4th DCA November 3, 2021).
Posted by Nydia Streets of Streets Law in Florida Divorce
Temporary alimony awards are made in a Florida divorce to give immediate relief to a spouse needing financial support. If a party had to wait until the final hearing or trial in the divorce case, it may take several months or years to get to that hearing, and in the meantime, the party is without sufficient funds to maintain good financial standing. An award of temporary alimony was appealed in the case Jones v. Jones, 5D19-3463 (Fla. 5th DCA May 22, 2020).
Posted by Nydia Streets of Streets Law in Florida Divorce
A Florida divorce case can take a year or more to get to a final hearing or trial. Sometimes parties need relief immediately such as alimony, child support or time-sharing, and cannot wait the year or more to get it. This is why Florida family law allows the award of temporary relief on these issues and many more. In the case Jooste v. Jooste, 4D18-2736, May 8, 2019), the wife appealed a decision on her motion for temporary alimony, child support and attorneys’ fees and costs.
Posted by Nydia Streets of Streets Law in Florida Divorce
When a non-party to a Florida divorce is subpoenaed to provide information relevant to the case, the non-party usually must comply. However, if the non-party objects, a hearing should be held to determine if the objection is valid and/or whether the scope of the subpoena should be more limited.
Posted by Nydia Streets of Streets Law in Florida Alimony
While it is important to know what you want in your Florida divorce case, it is equally important to know how to ask for it. Your petition for dissolution of marriage in Florida frames the issues in the case and puts the other party on notice regarding what relief you are seeking. Usually, if you do not include something you want in your petition, you cannot get it at trial. The case Lizzmore v. Lizzmore, 1D17-1734 (Fla. 1st DCA, 2019) sheds light on this.
Posted by Nydia Streets of Streets Law in Florida Alimony
When either party appeals a final judgment of divorce, can a party seek temporary alimony while an appeal is pending? If so, what standard should be applied to determine if alimony should be awarded under this circumstance? These questions were answered in the appellate case Reidy v. Reidy, 232 So.3d 1053 (Fla. 4th DCA 2018).
Posted by Nydia Streets of Streets Law in Florida Alimony
What was phrased by the Florida 4th District Court of Appeal as a “a duel between reversible error and preservation” in Fox v. Fox, 4D17-2092 (Fla. 4th DCA 2018) is a study in the nuances of Florida family law. This case revolves around a Florida alimony award and a conflict has been certified regarding the case issues, meaning the Florida Supreme Court may need to decide on rules which conflict among two or more Florida appellate districts.
Posted by Nydia Streets of Streets Law in Florida Dissolution of Marriage
Temporary attorneys’ fee awards in Florida are difficult to attack because Florida law provides judges with broad discretion in temporary relief proceedings. This is because any inequity can be remedied at the time the final judgment is entered when court can look at the financial standings of the parties as a whole. This is illustrated in the recent appellate case Stein v. Stein, 4D18-493 (Fla. 4th DCA 2018) wherein the husband appealed a $138,000 temporary attorneys’ fees and cost award to the wife.
