Posted by Nydia Streets of Streets Law in Florida Divorce

Temporary alimony awards are made in a Florida divorce to give immediate relief to a spouse needing financial support. If a party had to wait until the final hearing or trial in the divorce case, it may take several months or years to get to that hearing, and in the meantime, the party is without sufficient funds to maintain good financial standing. An award of temporary alimony was appealed in the case Jones v. Jones, 5D19-3463 (Fla. 5th DCA May 22, 2020).

The parties were married for approximately 11 years. The wife earned $2,400 every two weeks in addition to $4,000 per month in military disability and retirement payments. The husband was an unemployed, disabled military veteran receiving about $3,300.00 per month in disability pay. The husband sought temporary alimony, and after a hearing, the trial court granted his request.

The wife appealed and the appellate court upheld the ruling, stating “‘In determining whether and to what extent temporary alimony is required, the trial court must consider the needs of the spouse requesting the alimony and the ability of the other spouse to pay alimony.’ [internal citations omitted]. Here, Wife has not challenged her ability to pay the temporary alimony award. Moreover, after weighing the testimony, the trial court found that Husband's monthly income was somewhat below his present monthly expenses. Accordingly, because both Husband's need and Wife's ability to pay the temporary alimony were supported by competent substantial evidence.”

As an ancillary matter, the court reversed an order by the trial court that required the wife to recover $130,000 she transferred to a friend shortly before the petition for divorce was filed. The order required her to place it in her attorney’s trust account. The husband conceded because this order amounted to an injunction without the court following the proper steps to impose one, the order erroneous.

If you are facing a Florida divorce, schedule a consultation with a Miami divorce attorney to go over your options.