What is Temporary Relief?

Temporary relief is just as it sounds, relief that a party to a divorce seeks that is only temporary. This means the relief last only as long as the proceedings and does not continue once the parties are officially divorced by the Florida Court. Until your divorce is final, these temporary orders can be modified by the court as your situation pending your divorce changes. All hearings for temporary relief require the party requesting the specific relief to show the court that circumstances exist, justifying the temporary order. Fla. Fam. Law. R. P. Form 12.947 must be followed to request your temporary relief with a Motion for Temporary Relief. See Florida Form 12.947. Temporary relief can be awarded for many reasons, including alimony, property division, and child related issues. Alimony: Temporary alimony may be requested in situations where one spouse earns significantly more than the other spouse and they need assistance during the pendency of the divorce. Spousal support, or alimony, may be awarded in a divorce where one spouse has a need and the other has the ability to pay. See Florida Statute 61.08. Temporary alimony differs from other awards of alimony in it will only last until the divorce is final, it will automatically terminate when the divorce decree is entered. Temporary alimony ensures the needing spouse can pay their necessary expenses during the pendency of the case. Property division: In a Motion for Temporary Relief, a party to a divorce may request access to certain property, such as the marital residence or a marital property, on a temporary and exclusive basis. The Florida court would then order one party exclusive use and possession of the property and order the other party to reside elsewhere during the pendency of the divorce. The Florida courts will award this temporary relief in order to ensure there is fairness between the parties, especially in the event one party is not financially able to move until the divorce is final. Child related issues: Parties divorcing who share children may request a temporary parenting plan be implemented. This will layout where the child(ren) will primarily live and what the timesharing schedule will look like during the pendency of the divorce, until the parties can enter into a full parenting plan, or the court issues one in the event the parties cannot agree. See Florida Parenting Plan Forms. See Florida Statute 61.13. When making this determination, the Florida court will consider the best interest of the child(ren). The court will consider multiple factors including:

Age of the child(ren);
Whether one parent is likely to expose the child to some form of harm;
Which parent is more likely to encourage the child to develop and maintain a relationship with the other parent;
Any agreement among the parties regarding custody and visitation;
The wishes of the child, if the child is of a certain age (the child’s wishes are usually not determinative);
Which will be residing at the child’s residence during the pendency of the divorce;
Which parent provided primary care for the child prior to the commencement of the divorce; and
Other relevant factors.

If you or someone you know is seeking advice on divorce or child custody matters, you can speak with one of our family law attorneys at the Yaffa Family Law Group at 561-276-3880 or visit our website at www.yaffafamilylawgroup.com to schedule your confidential complimentary consultation.

Frequently Asked Questions

Are prenuptial agreements enforceable in Florida?

Yes, prenuptial agreements are enforceable in Florida if they are written, signed voluntarily by both parties, and include a full and fair disclosure of assets and liabilities. Courts may invalidate agreements that are unconscionable or signed under duress.

Can a prenuptial agreement protect my business?

Yes. A well-drafted prenuptial agreement can specify that a business or its future growth remains separate property in the event of a divorce, protecting your ownership stake and business interests.

What can a postnuptial agreement cover?

A postnuptial agreement can address property division, spousal support, and debt allocation. However, it cannot include provisions relating to child custody or child support — those are determined by the court at the time of divorce based on the child's best interests.

When should I consider a prenuptial agreement?

You should consider a prenuptial agreement if you have significant assets, own a business, have children from a prior relationship, anticipate an inheritance, or simply want clarity about financial expectations in your marriage.

If you're facing a family law matter in South Florida, the experienced attorneys at Yaffa Family Law Group's Nuptial Agreements practice are here to help. Our team understands Florida family law and can guide you through every step. View all our practice areas or contact us today for a confidential consultation.

What is Temporary Relief?

Frequently Asked Questions

Are prenuptial agreements enforceable in Florida?

Can a prenuptial agreement protect my business?

What can a postnuptial agreement cover?

When should I consider a prenuptial agreement?

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Doreen Yaffa

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