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Navigating Temporary Support in Florida Divorce Cases: Insights and Implications

Posted by LEISA WINTZ | May 09, 2024 | 0 Comments

In the labyrinth of divorce proceedings, temporary support emerges as a pivotal yet often misunderstood component. This financial aid, designed to sustain a spouse through the turbulent times of legal separation, carries with it nuances and legal precedents that merit a closer examination. Florida's approach to temporary support during divorce proceedings offers a unique lens through which to understand these complexities.

Understanding Temporary Support

At its core, temporary support in Florida is intended to provide financial stability to a spouse during the active phase of a divorce suit. This is a critical lifeline for many, ensuring that the financial upheaval often accompanying divorce does not leave them without necessary resources. However, the temporal nature of this support — underscored in the case of *Digiacomo v. Mosquera* — highlights its primary function: a temporary measure, strictly confined to the duration of the divorce process.

The Distinct Nature of Temporary Awards

A pivotal clarification comes from the *OGLE v. OGLE* case, where it was established that temporary spousal support does not influence the calculation of durational alimony. This distinction is crucial. It underscores that the financial assistance provided on a temporary basis does not deduct from, nor is it considered in, the final alimony settlement. This separation ensures that temporary support serves its immediate purpose without prejudicing the long-term financial arrangements between the parties.

Temporary awards, as further elaborated in *Jackson v. Jackson*, are interlocutory. This means they are provisional and can be adjusted or superseded by the final divorce judgment. This flexibility is essential, acknowledging that circumstances can evolve over the course of the divorce proceedings, necessitating adjustments to the support provided.

Moreover, the discretion of trial courts to vacate previous orders for temporary alimony — even those made by mutual consent of the parties, as seen in *Duss v. Duss* — speaks to the inherent flexibility within the system. This ability to adapt to changing circumstances is a cornerstone of the temporary support mechanism, ensuring that the support remains fair and reflective of the current situation of the parties involved.

Legal and Practical Implications

For legal practitioners and parties going through a divorce in Florida, understanding the nuances of temporary support is crucial. It not only affects strategic decisions during the divorce proceedings but also impacts the financial planning and stability of both parties. The clear demarcation between temporary and durational support highlights the importance of detailed evidence and legal counsel in navigating these waters.

Moreover, the potential for adjustment and the temporary nature of such awards necessitate a forward-looking approach. Parties must consider not only their immediate needs but also how temporary arrangements might influence or be integrated into the final settlement.


Temporary support in Florida divorce cases serves as a critical mechanism for ensuring financial stability during legal proceedings. However, its specificity, governed by distinct legal precedents and statutes, demands careful navigation. For those embroiled in the complexities of divorce, an understanding of these nuances is not just beneficial but essential. It ensures that temporary support fulfills its intended purpose without unintended consequences on the final alimony settlement, paving the way for a fairer resolution to one of life's most challenging transitions.

In the landscape of divorce law, where uncertainty often reigns, the clarity provided by these legal precedents on temporary support serves as a guide, guiding parties toward a more informed and equitable resolution.


About the Author


Leisa Wintz originally began her career as a marriage and family therapist. Ms. Wintz went on to attend law school and started practicing family law in 2009. However, she quickly realized that many family law practices lacked the empathy and compassion she believed were necessary in order to achi...


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