When a divorce is filed in Florida, the process does not immediately resolve all the issues between the spouses. In fact, for many couples, the period between filing and final judgment can last several months or even longer. During this interim, questions about financial support, parental responsibility, time-sharing, use of the marital home, and payment of bills can’t wait until the final hearing. That’s where temporary relief orders come into play.
Temporary relief orders are court-issued directives designed to address urgent needs while a divorce case is pending. These orders do not resolve the entire case but establish interim arrangements that maintain stability and prevent harm. Whether it’s awarding temporary alimony, setting a temporary parenting plan, or allocating responsibility for household expenses, temporary relief helps manage conflict and create structure during one of the most difficult periods in a family’s life.
For anyone going through a divorce in Hillsborough County, understanding how temporary relief works—and what it can and cannot do—is essential. A knowledgeable Tampa divorce lawyer can help you obtain the temporary relief you need, defend against unreasonable requests, or enforce the order if your spouse fails to comply.
What Is a Temporary Relief Order?
A temporary relief order (also known as a pendente lite order) is a court directive entered during the pendency of a divorce, before the case is finalized. It is intended to address immediate concerns and provide a workable structure until a full resolution can be reached at trial or through settlement.
Common types of temporary relief include:
- Temporary child support
- Temporary alimony
- Temporary parenting plan and time-sharing
- Temporary exclusive use and possession of the marital home
- Temporary responsibility for debts and expenses
- Temporary attorney’s fees and costs
The court’s goal is to maintain the status quo as much as possible, protect vulnerable parties, and ensure fairness throughout the litigation process. A Tampa divorce lawyer will assess your situation and determine which forms of relief to request—and how to respond if your spouse is seeking relief against you.
When Can You File for Temporary Relief?
Temporary relief can be requested at any time after a divorce petition has been filed. However, because these motions require judicial time and resources, most judges expect that the parties will first attempt to resolve temporary issues informally or through mediation.
If informal resolution fails, either spouse may file a Motion for Temporary Relief. This motion must:
- Identify the specific relief requested
- Provide a factual basis and legal justification
- Attach supporting financial documentation (if applicable)
- Comply with local procedural rules and notice requirements
Once the motion is filed, the court will schedule a hearing, which may be held in person or remotely. Your Tampa divorce lawyer will prepare the motion, file the necessary supporting documents, and advocate for your position at the hearing.
Temporary Child Support
Child support is one of the most common forms of temporary relief. In Florida, parents are legally obligated to support their children from birth through emancipation, regardless of marital status.
Temporary child support ensures that the child’s needs are met during the divorce and that neither parent is left without financial assistance. The amount is typically calculated using Florida’s Child Support Guidelines, which consider:
- Gross monthly income of both parents
- Number of overnights each parent has with the child
- Cost of health insurance and uncovered medical expenses
- Cost of daycare or aftercare
In some cases, temporary child support may be ordered retroactively to the date of separation or filing.
A Tampa divorce lawyer will help ensure that child support is calculated accurately and fairly, taking into account all relevant income sources and expenses.
Temporary Alimony
If one spouse is financially dependent on the other, temporary alimony may be awarded to maintain a similar standard of living while the case is pending. Temporary alimony is based on:
- The requesting spouse’s financial need
- The paying spouse’s ability to pay
- The lifestyle enjoyed during the marriage
- The length of the marriage
- The respective incomes and earning capacities of each party
Temporary alimony does not guarantee a permanent award. It is a stopgap measure designed to ensure that the lower-earning spouse can afford basic living expenses and legal representation during the proceedings.
Your Tampa divorce lawyer can present a detailed financial affidavit, argue for (or against) alimony, and ensure that any award is reasonable and justified by the facts.
Temporary Parenting Plan and Time-Sharing
Children need structure, stability, and emotional security—especially during divorce. To minimize disruption and prevent conflict, the court may issue a temporary parenting plan and time-sharing schedule.
The temporary plan will:
- Establish where the child resides during the divorce
- Allocate decision-making authority between the parents
- Set a schedule for weekdays, weekends, holidays, and vacations
- Include provisions for communication, transportation, and exchanges
Florida law requires that all parenting decisions be made in the best interests of the child. The court will consider each parent’s involvement, history of caregiving, ability to co-parent, and any issues related to safety or stability.
A Tampa divorce lawyer will help you propose a child-focused plan, defend against allegations that could limit your time-sharing, and seek court intervention if the other parent refuses to cooperate.
Exclusive Use of the Marital Home
When spouses are living under the same roof but experiencing severe conflict, the court may grant exclusive use and possession of the marital residence to one spouse. This is not an award of ownership—it is a temporary measure to prevent hostility, protect children, or allow a safer living arrangement.
Exclusive use orders may be granted when:
- There is a documented history of domestic violence
- The environment is emotionally or physically harmful to children
- One party has alternative housing and the other does not
- The parties are financially unable to maintain separate residences without temporary support
The court will weigh the hardship of moving against the benefit of peace and stability.
A Tampa divorce lawyer can seek exclusive possession if your living situation is untenable—or oppose it if your spouse is attempting to remove you unfairly.
Temporary Responsibility for Expenses
While the divorce is pending, bills still need to be paid. Courts may allocate temporary responsibility for:
- Mortgage or rent payments
- Utility bills
- Insurance premiums
- Car payments and maintenance
- Credit card minimum payments
- Tuition or extracurricular expenses for children
Temporary relief orders often specify which spouse pays each expense, which accounts can be accessed, and how joint funds may be used. These orders help avoid default, preserve credit, and reduce conflict over shared obligations.
Your Tampa divorce lawyer will help clarify the division of financial responsibilities and ensure that your temporary relief order reflects a fair allocation based on income and need.
Temporary Attorney’s Fees and Costs
Florida law allows a spouse with fewer resources to request temporary attorney’s fees and costs so that both parties have access to competent legal representation.
In deciding whether to award temporary fees, the court considers:
- Each spouse’s income and available resources
- The complexity of the case
- The conduct of the parties
- The necessity of the services provided
An award of temporary fees may be paid in a lump sum or in periodic installments. It may also be revisited later if the case becomes more complex or one spouse acts in bad faith.
A Tampa divorce lawyer will help prepare a detailed affidavit and billing summary to support your claim—or challenge an unreasonable request by your spouse.
Enforcement of Temporary Relief Orders
Once a temporary relief order is entered, both parties must comply. If your spouse violates the order—by withholding support, denying time-sharing, or refusing to pay assigned bills—you may seek enforcement through:
- Motion for Contempt
- Motion to Enforce
- Motion for Sanctions
- Emergency Motion (in extreme cases)
Violating a temporary order can lead to:
- Wage garnishment
- Make-up time-sharing
- Payment of attorney’s fees
- Jail time in severe contempt cases
Your Tampa divorce lawyer can file the appropriate motion and present evidence to compel compliance and protect your rights.
Modifying Temporary Relief
Temporary relief orders are not set in stone. If your circumstances change, you may request a modification of the order. Common reasons for modification include:
- Loss of employment or income
- Health issues or disability
- Relocation or change in housing
- New evidence affecting parenting or safety
- Substantial changes in a child’s needs
The court will only modify a temporary order if the change is material, substantial, and unanticipated. Your Tampa divorce lawyer will gather documentation, file the motion, and present your case at a hearing.
Strategic Considerations
Temporary relief can have a major impact on the outcome of the case. Judges often look to the temporary orders as a starting point for final rulings. For this reason:
- It’s critical to put forward your strongest arguments at the temporary hearing
- Be aware that the other side will be doing the same
- Be cautious about agreeing to “temporary” terms that could become permanent
- Keep detailed records of all payments, communications, and compliance
A Tampa divorce lawyer with litigation experience will ensure that your temporary relief strategy supports your long-term goals.
FAQ
Q: What is a temporary relief order in a Florida divorce?
A: It is a court order that addresses issues such as support, parenting, and use of the marital home while the divorce is pending.
Q: How soon can I request temporary relief?
A: You may request it immediately after filing for divorce. A hearing is typically scheduled within a few weeks.
Q: Do I need to attend a hearing to get temporary relief?
A: Yes. Most temporary relief motions require a hearing before a judge. Your Tampa divorce lawyer will represent you at this hearing.
Q: Can temporary orders become permanent?
A: While they are not binding on the final outcome, judges often use them as a reference point when crafting the final judgment.
Q: What happens if my spouse refuses to follow a temporary order?
A: You can file a motion for contempt or enforcement. The court can impose sanctions, award attorney’s fees, or issue further orders.
Q: Can I get exclusive use of the marital home?
A: Yes, if it is necessary to protect your safety or your children’s best interests. The court will weigh hardship versus benefit.
Q: What is temporary child support based on?
A: It is calculated using Florida’s guidelines, based on income, time-sharing, health insurance, and childcare expenses.
Q: Can I get temporary attorney’s fees?
A: Yes, if you demonstrate financial need and your spouse has the ability to pay. This ensures access to fair legal representation.
Q: Can temporary parenting plans be modified?
A: Yes, if there is a substantial change in circumstances. Your Tampa divorce lawyer can file a motion and present supporting evidence.
Q: How long do temporary orders last?
A: They remain in effect until modified or replaced by the final judgment of dissolution.
Temporary relief orders provide critical stability during one of life’s most uncertain chapters. Whether you need support, access to your children, or help staying in the marital home, the court has the authority to provide the relief you need—if you know how to ask for it. With guidance from an experienced Tampa divorce lawyer, you can navigate the temporary relief process with confidence, assert your rights, and lay the groundwork for a successful final resolution. In a divorce, what happens during the case is just as important as how it ends. Temporary relief ensures that your rights, your family, and your future are protected every step of the way.
The McKinney Law Group: Child Support and Custody Solutions for Tampa Families in Divorce
At The McKinney Law Group, we help Tampa parents create child support and custody arrangements that work—for both the children and the parents. Whether your divorce is contested or cooperative, we keep your kids at the center of every decision.
We assist with:
✔ Time-sharing schedules that reflect your child’s routine
✔ Child support calculations under Florida law
✔ Modifications based on changing needs
✔ Protecting parental rights in and out of court
✔ Minimizing disruption with long-term co-parenting solutions
Call 813-428-3400 or email [email protected] to schedule your consultation today.