Temporary Support in Divorce

June 2, 2019 | Collaborative Divorce, General Divorce
By: Chad Layton, Esq.

The initial step of meeting with a divorce attorney and filing for divorce is undoubtedly a difficult task.

However, an ethical and competent divorce attorney will work to assure the client gains answers to their most important questions during this meeting and that the client receives a roadmap of what to expect in the divorce process regarding time and costs.

One question that comes up in divorce consultations is: How do the finances and bills of our marriage get paid once I file for divorce and before the divorce is final?

Is there a tool available to assure that the mortgage, utilities, insurance, car payments, groceries, school tuition and other standard monthly bills continue to get paid while we are working to settle this divorce without litigation?

The answer is yes. Temporary financial support is available when needed.

The regular and recurring monthly bills of both spouses should continue to be paid on time each month while the divorce is pending. If the standard of living during the marriage was that one spouse was a substantially higher earner than the other spouse and that he or she provided the majority of the income to the household, this spouse should be obligated to continue to provide the regular financial support to the household that he or she provided during the marriage.

Divorce counsel should identify a need for temporary financial support during the initial consultation. In the event this need exists and there is an ability to pay by the higher earning spouse, a written agreement should signed by both spouses within 20 days of initiating the divorce process.

Where the parties and their legal counsel are working to resolve the divorce in an amicable manner and to avoid litigation, there is no need or requirement to involve the court on the issue of temporary support. This can be resolved by a simple written agreement drafted by legal counsel and signed by the parties.

If the parties are not able to agree that the necessary and ongoing monthly bills will be paid in a manner that is consistent with the method used to pay these bills during the intact marriage, legal pleadings should be filed with the court by the attorney demanding that “temporary relief” be awarded.

The law firm you choose in divorce should match your goals for divorce.

About the Author

Chadwick M. Layton is a marital law and divorce attorney at Mindful Divorce, P.A. in Palm Beach County, FL. Mr. Layton is also a member of the Florida Bar Family Law Section, the Susan B. Greenberg Family Law American Inn of Court of the Palm Beaches and the Palm Beach Flagler Rotary Club.