Understanding Temporary Relief in a Florida Divorce

Divorce can be an emotionally and financially turbulent time for all parties involved. In the State of Florida, the legal concept of temporary relief offers a form of interim assistance during the divorce process, designed to provide stability and fairness until the final dissolution of the marriage is reached. Temporary relief is a crucial aspect of divorce proceedings, offering a framework to address immediate needs, such as spousal support, property division, and child custody, while the final terms of the divorce are negotiated or decided by the court. 

What Is Temporary Relief? 

Temporary relief refers to court-ordered measures that remain in effect only until the divorce is finalized. These orders are essential for addressing urgent concerns during the pendency of a divorce, ensuring that one or both parties are not left in financial or logistical hardship as they navigate the legal process. Once the divorce is finalized, these temporary orders expire, and any permanent arrangements supersede them. 

Temporary relief can cover a range of issues, including alimony, exclusive use of marital property, and child-related matters, such as timesharing and temporary parenting plans. Importantly, as circumstances evolve throughout the proceedings, the court has the authority to modify these temporary orders based on the changing needs of the parties involved. 

Requesting Temporary Relief 

To request temporary relief in a Florida divorce, the party seeking the order must demonstrate to the court that specific circumstances warrant such relief. This involves filing a Motion for Temporary Relief in accordance with Florida Family Law Rules of Procedure Form 12.947. The motion must clearly outline the requested relief and provide justification for why it is necessary during the divorce proceedings. 

Temporary relief is not granted automatically, and the requesting party must provide evidence that supports their claim. The court will weigh the facts presented and issue temporary orders accordingly, with the primary goal of maintaining fairness between the divorcing parties while protecting the best interests of any children involved. 

Temporary Alimony: Maintaining Financial Stability During Divorce 

One of the most common forms of temporary relief in a Florida divorce is temporary alimony, which is awarded to ensure financial stability for the lower-earning spouse during the divorce proceedings. Temporary alimony is particularly critical in cases where there is a significant disparity in the income or earning capacity of the spouses. 

Under Florida Statute 61.08, alimony is granted based on the needs of one spouse and the ability of the other spouse to provide support. However, unlike permanent or rehabilitative alimony, temporary alimony is only intended to last until the divorce decree is entered. Its primary purpose is to ensure that the spouse requiring assistance can cover their necessary living expenses while the divorce is still being negotiated. 

Temporary alimony automatically terminates once the final judgment of divorce is issued, at which point any permanent alimony or financial arrangements determined by the court or agreed upon by the parties will come into effect. 

Temporary Property Division: Exclusive Use and Possession 

In some divorce cases, particularly those involving substantial marital property, one party may request exclusive use and possession of certain marital assets during the divorce. This form of temporary relief allows one spouse to remain in the marital home or continue using other shared property, such as vehicles or vacation homes, while the divorce is ongoing. 

The court may grant exclusive use of the marital home or other property if it determines that such an arrangement is necessary for the financial or emotional well-being of one party. For example, if one spouse cannot afford alternative housing until the divorce is finalized, the court may award them exclusive use of the marital residence to prevent undue hardship. 

Temporary property division also ensures that valuable marital assets are preserved during the divorce process, preventing either party from misusing or dissipating shared property. 

Child-Related Issues: Temporary Parenting Plans and Timesharing 

For divorcing couples with children, temporary parenting plans and timesharing schedules are essential components of temporary relief. These arrangements dictate where the children will live and how parental responsibilities will be shared while the divorce is pending. 

The court’s primary concern in issuing a temporary parenting plan is the best interest of the child(ren), as outlined in Florida Statute 61.13. When making this determination, the court evaluates several key factors, including: 

• The age of the child(ren) and their emotional, physical, and developmental needs. 

• The ability of each parent to meet the child’s needs and maintain a stable environment. 

• The degree to which each parent encourages the child to maintain a healthy relationship with the other parent. 

• Any history of abuse, neglect, or exposure to harm. 

• The geographic proximity of the parents to one another and the child’s school or activities. 

• The preferences of the child, if they are of sufficient maturity to express a reasonable preference. 

In cases where one parent relocates more than 50 miles away, or where distance is a significant factor, the court may implement a long-distance parenting plan to account for travel, visitation schedules, and maintaining a meaningful relationship between the child and the nonresidential parent. 

The court strives to balance the needs of both parents while prioritizing the child’s well-being. Temporary parenting plans are just that—temporary. A final custody arrangement, which may differ from the interim plan, will be issued once the divorce is finalized. 

Modifying Temporary Relief Orders 

Because circumstances can change rapidly during the course of a divorce, temporary relief orders are subject to modification if either party can demonstrate a significant change in circumstances. For example, if one spouse loses their job or gains new employment, the court may adjust temporary alimony or child support payments to reflect the new financial reality. 

Similarly, changes in living arrangements, the health or needs of the children, or other critical factors can prompt a court to revisit and modify temporary orders to ensure they continue to serve the best interests of both the parties and their children. 

The Importance of Temporary Relief in Florida Divorces 

Temporary relief is an essential tool in Florida divorces, providing much-needed support and structure during the often lengthy and contentious process of dissolving a marriage. Whether it involves temporary alimony to sustain a spouse financially, the exclusive use of marital property, or a temporary parenting plan that safeguards the well-being of children, these interim measures ensure that both parties can move forward in the divorce process without undue hardship. 

If you or someone you know is navigating a divorce and seeking guidance on obtaining temporary relief, it is highly advisable to consult with a qualified family law attorney. The attorneys at Yaffa Family Law Group are experienced in handling divorce and child custody matters and can provide expert advice tailored to your specific circumstances. Contact us at 561-276-3880 or visit our website to schedule a confidential complimentary consultation.