Understanding alimony: Pre-judgment spousal support

Depending on the complexity of a case, filing for divorce can be a drawn out process, particularly if the parties involved do not agree on matters including property division, child custody and alimony payments. In the event that a party cannot support themselves financially over the course of the divorce proceeding itself – which can take up to a year or more in contested cases – he or she may request a temporary alimony award.

Not to be confused with durational alimony, which is awarded for a set period of time, temporary alimony is intended to provide financial support for the recipient between the time of separation and the final ruling on a divorce settlement. This award is also known as alimony pendente lite, meaning alimony “pending legislation.”

To begin this process, the claimant or their Miami divorce lawyer must file a motion for temporary relief. In some cases, the claimant may also seek financial support to cover their attorney and legal fees. After the necessary documents have been submitted, both parties in a marriage must attend a hearing to determine if such spousal support is necessary.

As with other forms of alimony, the court must first determine the financial need of the claimant and supportive ability of the potential provider. If temporary alimony is deemed appropriate, the court will then rule on the amount to be paid. This spousal support will end once a final judgment is made on the divorce itself, and be modified if circumstances change for either party.

A temporary alimony award does not guarantee that durational or permanent spousal support will be granted in a divorce settlement.  

If you are seeking temporary support to sustain your during your divorce proceeding, or are disputing your former spouse’s claim to temporary maintenance, consider enlisting the aid of an experienced Miami divorce lawyer. Scott A. Ferris, Esq. will devote unprecedented personal attention to your case, and can be reached at 305 670-3330.