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How Does the Court Make Decisions About Finances and Parenting Time While the Divorce Is Still Going On?


The details specified in the court’s final order of divorce are meant to be permanent.  You get to keep the share of marital property that the court awards to you for the rest o your life, unless your ex-spouse appeals the decision and an appeals court orders you to give your ex more money.  Likewise, the permanent parenting plan will last until your youngest child reaches adulthood, unless you or your ex files a motion to modify it because of a change in circumstances, such as one spouse moving across the state, such that longer but less frequent visits would be more appropriate.  Sometimes it can take more than a year to decide on all the details of your division of property and post-divorce co-parenting arrangement.  If your divorce is so acrimonious or complex that it needs to go to trial, there is a good chance that you and your ex will also disagree about how your finances and parenting should work before your divorce becomes final.  Therefore, the court often has to decide on temporary arrangements, as well as permanent ones.  A South Florida divorce lawyer can ensure that you have access to marital funds while your divorce is in process and that your children get to spend time with both parents.

Alimony Pendente Lite

Alimony pendente lite is one of the six types of alimony recognized under Florida law.  Its name in Latin means “while the legal case is pending,” and that is exactly its purpose. Alimony pendente lite automatically ends when the divorce is finalized; in some cases, the court replaces it with one of the post-divorce types of alimony, but just as often, it does not.  Once the marital property has been divided equitably, many people do not need alimony.  Christine and Dana were a Palm Beach County couple who went to battle over alimony pendente lite in 2012.  The court ordered Dana to pay Christine alimony pendente lite, and Dana appealed the decision.  He acknowledged that his non-marital assets were 20 times as valuable as Christine’s but he objected to the fact that the court decided the amount of alimony pendente lite without making detailed findings.  The court upheld the decision, reasoning that, because alimony pendente lite, there is no need to make the same kind of detailed findings that the court makes when deciding on equitable distribution of marital property.

Temporary Parenting Plans

In many cases, including Christine and Dana’s, the court must order a temporary parenting plan.  For any parenting plan, temporary or permanent, detailed findings of fact are required, but the parenting plan should be based on the children’s best interests.  The findings do not need to be as detailed as for a permanent parenting plan, though.

Let Us Help You Today

A Boca Raton divorce lawyer can help you stand up for your rights while your divorce case is going on, as well as after it becomes final.  Contact Schwartz | White for more information.




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