If you are contemplating a divorce, early planning and strategy, are often critical in preserving the status quo and in protecting your rights in a divorce proceeding. Support issues may arise as emergencies and grounds for temporary relief. The Law Office of Jessica Mishali, P.A. have 40 years of experience in handling temporary alimony and spousal support issues. We are prepared to handle your case with expertise, professionalism and compassion whether you are a family of wage earners or a family of high assets and complicated financial issues.
Support IssuesAlthough a spouse may feel that the other spouse is not contributing his or her fair share of support or expenses, the court will likely not consider this an emergency. Even so, obtaining temporary alimony/spousal support is often critical to preserving the status quo in order to keep things going financially while the divorce is pending. Although mediation is required by the court prior to a temporary relief hearing temporary relief can be obtained when required. Both parties must provide a financial affidavit and mandatory financial disclosure prior to the temporary hearing.
Temporary Alimony FactorsThe primary factors for determining temporary alimony are need of the payee spouse and ability of the payor spouse. Even if the spouses have entered into an antenuptial/ premarital agreement, the court can still grant temporary relief, including temporary alimony. In addition to the factors of need and ability to pay the court will also consider the parties standard of living at the time of the support hearing. Duration of the marriage is not a determinative factor in determining temporary alimony. Accordingly, a short term marriage cannot be used by the court as the sole factor to deny temporary relief. Age and physical and emotional condition of each party are generally not applicable to temporary relief, and less the condition of the party causes increased temporary needs.
Financial ResourcesIt is extremely important to properly determine the financial resources of the parties. Although the court will give great weight to the parties financial affidavits, the court will consider additional evidence when the financial affidavit is incomplete or misleading. The Law Office of Jessica Mishali, P.A. are highly experienced in determining a party’s financial picture and showing that picture to the court. Where cash flow may affect an alimony award, the court may consider assets in granting or denying support. The spouse in need is not compelled to consume assets in order to maintain the style of living that the parties enjoyed during the marriage. In an appropriate case, the court may impute income to the parties. There are equitable circumstances that the court must consider before imputing income for alimony. For the purposes of a temporary relief hearing, the court will consider whether the circumstances are temporary due to the breakup of the marriage or whether the circumstances have been long-standing. Also, the court will consider whether a party’s income at the time of the temporary relief hearing is brought about by intentional or involuntary circumstances.
Contact a West Palm Beach Divorce AttorneyIt is extremely important to have a knowledgeable and professional attorney in obtaining necessary, temporary relief. Temporary relief hearings are usually short and abbreviated which requires proper preparation outside of the court. For more information about temporary alimony/spousal support, please call and experienced West Palm Beach temporary alimony attorney at (561) 833-2772 or contact us online for a consultation.