The divorce process takes time, especially when the couple disagrees about custody, child support, property division, property valuation, and alimony. During the process, one of the spouses may need financial relief right away, especially if the other spouse earns substantially more income. An emergency motion for temporary spousal support (alimony) may be filed on behalf of the spouse who needs support while learning to independently establish himself or herself during the divorce process. A temporary award of alimony can help the receiving spouse with the basic living necessities and continue to enjoy a lifestyle similar to the lifestyle he or she would have enjoyed had the parties remained together.
Generally, temporary alimony is awarded to a person who can prove that he or she has a “financial need” and that the other spouse has the proven “financial ability” to pay temporary alimony. The judge will also evaluate the length of the marriage, health, age, educational and work experience of each person when making a temporary alimony determination.
