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Temporary Attorney’s Fees and Temporary Alimony in the Orlando, Florida Area

Regarding a temporary award of alimony, referred to as temporary alimony, a spouse must continue to support his/her wife/husband urging coverture by paying generally the same expenses (omitting long range and vacation items) and by paying amounts he/she has been providing prior to their separation. The court will analyze need and ability to pay. This remains as the formula in determining alimony during coverture. This principle is repeatedly cited in the authorities as the basis for alimony support and attorney’s fees, including temporary alimony and temporary attorney’s fees. This continues to undergird support provisions. 

The starting point for each and every alimony analysis is determining need and ability to pay. The one element common to all types of alimony is the requirement that the recipient spouse must have a need, and the payor spouse must have the ability to pay. 

In a court’s determination of an award of temporary attorney fees, there is still the “need and ability to pay” component. The goal is to keep both parties on the same footing regarding attorneys during the divorce. However, there still must be a need and the ability to pay. 

You might have two spouses that both need money for attorneys’ fees. However, neither the wife nor the husband has the ability to pay for the other’s fees. 

You may have a great disparity in income. However, the lower earner must still show that they have a need for such attorney’s fees or for such alimony. If they have a surplus at the end of the month, then they probably do not have a need. However, if they have a deficit at the end of the month, then they have a need. Then the question becomes whether the other spouse has the ability to pay.

 In determining the need for alimony, the trial court should be mindful that the former wife/former husband is not required to liquidate and deplete her/his assets to provide for her/his living expenses. The primary factor for the trial court to consider is the former wife’s/former husband’s  need for alimony and the former wife’s/former husband’s ability to pay. The trial court should not leave the former wife/husband substantially unable to meet her/his basic needs, let alone enjoy the standard of living she/he enjoyed during the marriage if she/he can demonstrate a need and the former husband’s/former wife’s  ability to pay. 

If you have more questions regarding a Marital and Family Law matter,  you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation.

This article is for informational purposes only and does not form an attorney client privilege.