When entering a divorce, a big worry for many spouses is what will happen with their finances before their divorce is finalized. This is a significant concern for individuals who are financially dependent on their spouses and have no means to support themselves during the divorce. To ensure that a spouse does not refuse to provide financial support as provided in the past, the court can order temporary alimony.
At The Law Office of Silverman, Mack & Associates, we can provide you with a Gainesville divorce attorney who is experienced in every type of alimony. Contact us to schedule a free consultation to determine which type of alimony best accommodates your specific situation and adequately file the required paperwork for alimony support. whether temporary alimony is an option for your case.
What Is Temporary Alimony?
Temporary alimony is spousal support that is paid by the higher-earning spouse to the other spouse during the divorce process. It is awarded to provide for living expenses and maintain the dependent spouse’s marital standard of living, despite the separation of the spouses. Temporary alimony differs from other types of alimony because rather than being awarded after a final judgment on the divorce, temporary alimony is filed for and awarded by the court during the pendency of an action for divorce.
Who Is Entitled To Temporary Alimony?
If a spouse requires temporary alimony during a divorce, he or she may file the required documents almost immediately after the divorce case is filed. In determining if a spouse qualifies for temporary alimony, the court will consider a number of factors including the following.
- The financial condition of each spouse
- The paying spouse’s ability to pay for alimony
- The requesting spouse’s need for financial support
- Earning capacity, education, and employment
- The age, physical, and emotional state of each spouse
- The standard of living of both spouses during the marriage
Can Temporary Alimony Become Permanent?
If temporary alimony is awarded, it doesn’t necessarily mean that long-term alimony will be ordered by the court. This is because the factors used to determine whether temporary alimony is needed are not identical to the standards for awarding other types of alimony. A judge will usually award permanent alimony only if there is a great difference in wealth between the spouses.
A judge might also award temporary alimony if one spouse is unable to work or if the marriage was considered long-term. If temporary alimony is awarded, it automatically ends once the divorce is finalized. Contact our family law attorneys for more information about temporary alimony or to determine which type of alimony best accommodates your situation.
Determining Temporary Alimony
If a spouse requests temporary alimony, he or she will have to prove to the court that they cannot meet the most basic living expenses on his or her own. However, even if that spouse is able to prove a need for financial assistance, a court won't order temporary alimony if the paying spouse is unable to support the individual who filed for support.
The paying spouse must be able to earn enough money to cover basic expenses for themselves as well as contribute to the requesting spouse. If the alimony is awarded, it is also enforceable by the court. A spouse who refuses to pay the temporary alimony ordered can be found to be in contempt of court and may be subject to paying considerable fines and even serving jail time.