Introduction: Support Doesn’t Have to Wait
Divorce is rarely a fast process, but when military deployment delays the finalization of proceedings, it can feel like life—and financial security—is stuck in limbo. In Florida, service members and their spouses often face unique legal challenges, including the extended timelines created by the Servicemembers Civil Relief Act (SCRA). But just because a divorce is paused due to active-duty deployment doesn’t mean financial support must be. Florida law allows spouses to seek temporary relief—including child support, spousal support (alimony), and exclusive use of the marital home—before the divorce is finalized.
Whether you’re the service member preparing for deployment or the spouse staying behind, understanding your rights and legal options for temporary support is critical. A knowledgeable Tampa divorce lawyer can help navigate the court process, request interim orders, and ensure that financial obligations are addressed—even if the final divorce decree is months away.
This article outlines how temporary support works, when it can be filed, how courts handle deployment-related delays, and what service members and their spouses should expect in the unique context of military divorce.
Understanding the Legal Basis for Temporary Support in Florida
Florida law explicitly allows courts to award temporary relief in a divorce proceeding. Under Florida Statutes § 61.071, the court may enter temporary orders for:
- Alimony (temporary spousal support)
- Child support
- Exclusive use and possession of the marital home
- Time-sharing with minor children
- Attorneys’ fees and costs
These orders are issued before the court enters a final judgment and are designed to preserve the status quo and ensure that both parties and any minor children are financially protected while litigation is pending.
In military divorce cases, delays can arise when a spouse is deployed to a combat zone or stationed overseas, limiting their availability to participate in court proceedings. Despite these delays, a Tampa divorce lawyer can petition the court for temporary relief to provide immediate financial assistance.
What Is the Servicemembers Civil Relief Act (SCRA)?
The Servicemembers Civil Relief Act is a federal law that protects the legal rights of active-duty military personnel. Among other protections, the SCRA allows service members to request a stay (or delay) in civil court proceedings, including divorce cases, if their military service materially affects their ability to participate.
Key features of the SCRA include:
- Automatic 90-day stay of proceedings upon request
- Additional stays at the court’s discretion
- Protection against default judgments without adequate notice
While the SCRA protects the deployed spouse, it can also delay the final resolution of a divorce, leaving the non-military spouse without financial support if no temporary relief is in place.
A Tampa divorce lawyer can help spouses understand their rights under the SCRA while still pursuing interim support orders that do not violate the service member’s rights.
Temporary Alimony During a Military Divorce
Alimony is often a point of contention in Florida divorces. But when one spouse has limited income or is financially dependent, temporary alimony can provide essential support until the final divorce decree is entered.
Temporary alimony considerations include:
- Standard of living during the marriage
- Financial resources and earning capacity of both spouses
- Duration of the marriage
- Age and health of the parties
- Need and ability to pay
In military marriages, additional factors include:
- Basic Allowance for Housing (BAH)
- Basic Allowance for Subsistence (BAS)
- Deployment pay or hardship duty pay
These income sources are factored into the service member’s available income and can support an alimony award—even if the divorce is delayed due to deployment.
A Tampa divorce lawyer will evaluate military income documents and prepare persuasive motions for temporary spousal support when necessary.
Temporary Child Support Orders While Divorce Is Pending
Florida follows an income-based child support guideline that considers both parents’ net income and the number of overnight visits. When a divorce is pending, the court can issue a temporary child support order to ensure that the children’s needs are met.
Key factors for temporary child support include:
- Net monthly income of both parents
- Childcare costs
- Health insurance premiums
- Number of overnight stays
- Any extraordinary medical or educational needs
For military families, the court also examines:
- Deployment income fluctuations
- Cost-of-living differences in duty stations
- TRICARE or private insurance coverage
Even if a service member is unavailable for court hearings due to deployment, the court may proceed with temporary child support determinations based on available financial information.
A Tampa divorce lawyer can petition the court for child support that accounts for all relevant military pay and benefits.
What If the Service Member Is Deployed and Can’t Respond?
The court is limited in what it can do when a service member is protected by the SCRA. However, courts can still issue temporary support orders in certain circumstances, provided procedural protections are observed.
If the service member:
- Has legal representation
- Has been served with the motion
- Has not requested or been granted a stay
Then the court may proceed with hearings for temporary support only, leaving permanent issues (property division, final alimony) for after the service member returns.
In other cases, the court may delay the hearing or issue temporary orders with the understanding that they may be revisited later.
A Tampa divorce lawyer will ensure that all procedural rules are followed so that support orders are valid and enforceable, even if one party is on active duty.
What If the Deployed Spouse Requests a Stay Under the SCRA?
A deployed service member may request a stay of the entire divorce proceeding under the SCRA, delaying the case until they can fully participate. However, courts are reluctant to leave families in financial limbo, especially when minor children are involved.
Florida courts often separate the support and parenting matters from property division and final judgment. This allows the court to:
- Provide child support and alimony to the dependent spouse
- Establish or maintain temporary time-sharing arrangements
- Delay final division of marital assets and debts
In practice, this means that a Tampa divorce lawyer can obtain immediate relief for the non-military spouse, even if the final divorce is postponed for months.
Exclusive Use of the Marital Home During Deployment
Temporary relief may also include an order granting exclusive use and possession of the marital residence to one spouse. This can be critical when:
- The service member is deployed and not residing in the home
- The non-military spouse needs housing stability for the children
- There is conflict between the spouses preventing peaceful cohabitation
Florida courts are authorized to grant this type of order to protect the best interests of the children and preserve the stability of the home. A Tampa divorce lawyer can file a motion for exclusive use, especially if the spouse seeking possession has no viable alternative residence.
Attorney’s Fees as Temporary Relief
In some cases, one spouse lacks the resources to hire legal counsel while the other—often the military spouse—has access to greater financial support. Florida law allows the court to award temporary attorneys’ fees so both parties have access to legal representation.
Factors the court considers include:
- The requesting spouse’s financial need
- The other party’s ability to pay
- Complexity of the case
- Whether fees are necessary to ensure a fair proceeding
In deployment-delayed cases, temporary fee awards are essential to ensure the non-military spouse is not disadvantaged by the procedural delays caused by military service.
A Tampa divorce lawyer can present the court with affidavits and financial documentation justifying the need for temporary fee assistance.
Procedural Steps to Request Temporary Support
To file for temporary support while awaiting a delayed divorce finalization, the following steps are typically required:
- File a Motion for Temporary Relief
The motion should specify the types of relief sought (e.g., alimony, child support, housing). - Schedule a Hearing
If the deployed spouse is unavailable, the court may allow remote participation or delay based on SCRA. - Provide Financial Affidavits
Both parties are required to submit sworn financial affidavits to support the support calculations. - File Supporting Documentation
Include pay stubs, LES (Leave and Earnings Statement) for service members, expense summaries, and childcare costs. - Serve the Opposing Party
The motion and notice of hearing must be properly served. - Attend the Hearing and Present Evidence
A Tampa divorce lawyer will represent the spouse requesting relief and argue for the necessary temporary orders. - Receive a Court Order
Once granted, the temporary order remains in effect until the final divorce judgment or further modification.
How Temporary Orders Affect Final Divorce Outcomes
It’s important to understand that temporary orders do not guarantee the same results in the final divorce judgment.However, they often set the tone for how the court views:
- Each party’s financial credibility
- Their willingness to support the children
- Their conduct during litigation
If one party resists providing temporary support or withholds information, it may affect their credibility later. A Tampa divorce lawyer will ensure that temporary support orders are properly preserved, enforced, and considered in future proceedings.
Enforcing Temporary Support Orders
If the deployed spouse fails to comply with a court-ordered temporary support obligation, the court has several enforcement mechanisms, including:
- Income withholding orders to the military pay center
- Contempt proceedings
- Writs of garnishment
- Award of attorneys’ fees for enforcement
Federal law permits garnishment of military pay for child support and alimony under certain procedures. A Tampa divorce lawyer will initiate garnishment if needed and ensure proper military channels are followed, including the Defense Finance and Accounting Service (DFAS).
What Happens When the Service Member Returns from Deployment?
Upon return, the court may:
- Hold a final hearing or trial on all remaining divorce issues
- Modify temporary support orders if circumstances have changed
- Reassess alimony or child support obligations based on updated income
- Revise the parenting plan to reflect increased availability for time-sharing
A Tampa divorce lawyer will move quickly to finalize the divorce and convert temporary support into final orders once deployment ends.
Conclusion: Support Shouldn’t Be Delayed Because Divorce Is
Military service and deployment may pause divorce proceedings—but it should not pause financial support for spouses or children left behind. Florida law provides multiple avenues to obtain temporary relief, from alimony and child support to exclusive home use and legal fee assistance.
Whether you’re the military spouse or the civilian spouse, knowing your rights—and acting quickly—is critical. A Tampa divorce lawyer can:
- File timely motions for temporary relief
- Ensure compliance with SCRA protections
- Build a record that supports final equitable relief
- Protect your financial stability during deployment-related delays
Don’t let military service become a barrier to financial justice. With experienced legal guidance, support can be secured—no matter how long the final divorce takes.
FAQ: Temporary Support and Deployment-Delayed Divorce
Can I get temporary support if the divorce is delayed by military deployment?
Yes. Florida law allows for temporary child support and alimony even if the final divorce is delayed.
Does the Servicemembers Civil Relief Act prevent temporary orders?
No. While SCRA can delay certain proceedings, courts may still grant temporary relief if appropriate legal steps are followed.
What military income is included in temporary support calculations?
Base pay, BAH, BAS, deployment bonuses, and other allowances may be considered income for support purposes.
Can I get child support if my spouse is deployed?
Yes. Courts can calculate and order child support based on available financial data—even during deployment.
What happens if the deployed spouse doesn’t respond?
The court may enter orders based on available information, provided the service member has been properly notified.
Can I request attorneys’ fees if I can’t afford a lawyer?
Yes. Temporary attorney’s fees may be awarded to level the playing field in divorce litigation.
Will the temporary support order stay in place after the divorce is final?
Temporary orders are typically replaced by final orders at the conclusion of the divorce, but they may influence the final outcome.
What if my spouse refuses to pay temporary support?
The court can enforce compliance through garnishment, contempt, or other legal means.
Can I file for exclusive use of the home while my spouse is deployed?
Yes. If it benefits the children or promotes stability, the court may award exclusive use to one spouse during deployment.
When should I file for temporary support?
As soon as you need financial assistance and the divorce is pending. Early action ensures protection during any delay in finalizing the case.
The McKinney Law Group: Divorce Representation for Tampa Clients Who Value Precision and Integrity
Divorce is one of life’s most personal legal matters—and you deserve a law firm that treats it that way. At The McKinney Law Group, we help Tampa clients navigate divorce with strategic precision and unwavering respect for their goals.
We offer guidance with:
✔ Preparing for divorce and filing under Florida law
✔ Creating parenting plans that reduce conflict and promote stability
✔ Dividing marital property, business interests, and investments
✔ Determining appropriate support obligations
✔ Seeking modifications when life demands change
Schedule your consultation at 813-428-3400 or email [email protected].