Temporary Relief

Temporary Relief is a provision in Florida Statute 61.071 that states that “ [i]n every proceeding for dissolution of the marriage, a party may claim alimony and suit money in the petition or by motion, and if the petition is well founded, the court shall allow a reasonable sum therefor. If a party in any proceeding for dissolution of marriage claims alimony or suit money in his or her answer or by motion, and the answer or motion is well founded, the court shall allow a reasonable sum therefor.”

This temporary relief is meant to grant a spouse financial assistance who may not have the means to financially support him or her self while the divorce is pending. However, this is not automatic. The party seeking temporary relief must show that he or she has the need for support and that the other party has the ability to pay support. Temporary Releif can be given in the form of alimony, attorney’s fees, suit money, costs, and child support.

It should be noted that the court will consider whether or not the spouse seeking support is capable of employment and will want to know why a spouse may not be working.

Lastly, adultery or misconduct may be considered by the court when determining whether to grant temporary alimony and attorney’s fees. A finding of adultery or misconduct by the court may result in a reduction or rejection of an award of temporary support. However, misconduct will not have an effect on child support awards.

If you are involved in a dissolution of marriage proceeding and are wondering what rights you have, please consult one of our attorneys.

The above is not legal advice. That can only come from a qualified attorney who is familiar with all the facts and circumstances of a particular, specific case and the relevant law. See Terms of Use.