Interim Orders in Divorce

When you file for divorce in Florida, the process rarely moves quickly. Property must be divided, financial disclosures reviewed, and sometimes heated disputes need to be resolved before the court can issue a final judgment. During this period, however, you and your spouse may still share expenses and children that require immediate attention.

That’s where interim orders, also called temporary orders, can be beneficial. These court orders provide short-term solutions while your divorce is ongoing, ensuring that important matters are handled fairly until a final decision is reached.

What Are Interim Orders in a Florida Divorce?

Interim orders are temporary rulings that address key issues before the court enters a final divorce decree. These orders are typically issued after one party files a motion for temporary relief, asking the judge to resolve specific disputes that can’t wait until the end of the case.

Under Florida law, the court has the authority to issue temporary orders for matters such as:

• Child custody (parental responsibility and time-sharing)
• Child support
• Spousal support (alimony)
• Property division

These orders remain in effect only until the final divorce judgment is entered or the court modifies them. They are designed to preserve stability and fairness for both parties during a stressful and uncertain time.

What Is the Purpose of an Interim Order?

Divorce proceedings can last months or even years, depending on how complex and contested they are. Without temporary relief, one spouse may be left struggling financially and could also be cut off from access to their children.

Interim orders ensure that:

• Children are cared for, and routines remain consistent
• Bills are paid, and household expenses are managed
• One spouse isn’t unfairly disadvantaged while the case is pending
• Assets are protected from concealment and misuse

In essence, interim orders help maintain order and fairness until the court can reach permanent solutions.

Common Types of Interim Orders

Although each divorce is unique, some temporary issues arise more frequently than others. The most common types of interim orders in Florida divorce cases include:

Temporary Child Custody and Timesharing

The court can establish a temporary parenting plan to ensure both parents maintain contact with their children. Judges base these decisions on the child’s best interests.

Temporary Child Support

Florida courts use the child support guidelines under § 61.30 to determine a fair payment amount. Temporary support ensures that children continue receiving financial care until the final order is entered.

Temporary Spousal Support (Alimony)

If one spouse relies on the other for financial support, the court may grant temporary alimony under § 61.071. The amount depends on various factors, such as each spouse’s income, standard of living, and financial needs.

Exclusive Use of Property

The court can grant one spouse exclusive use of the marital home and/or vehicle to prevent conflict. 

Payment of Debts and Expenses

The judge may order one party to continue paying certain bills to maintain stability and prevent financial harm.

Attorney’s Fees

In some cases, the court can order one spouse to pay part or all of the other’s attorney’s fees if there’s a significant difference in income or resources.

How To Request an Interim Order in Florida

To request temporary relief, your attorney will file a motion for temporary orders with the family court. This motion outlines the specific issues that require immediate attention and provides supporting documentation, such as pay stubs and child-related expenses.

After the motion is filed, the court will schedule a temporary relief hearing. Both parties can present evidence and testimony, and the judge will decide based on the information provided.

These hearings often occur early in the divorce process, and thorough preparation is crucial. A family law attorney can help you gather the necessary evidence and present a compelling argument for your position from there.

How Long Do Interim Orders Last?

Interim orders typically stay in place until the final divorce judgment is issued or until the court modifies them. If circumstances change (for example, if one spouse loses a job), you can ask the court to review and adjust the temporary order.

Violating an interim order can lead to serious consequences, including contempt of court and other penalties. It’s essential to comply with any temporary rulings that may exist in your case until the court issues a new decision.

Contact the Orlando Divorce Lawyers at McMichen, Cinami & Demps for Help Today

Interim orders can play a crucial role in maintaining balance and security during a Florida divorce, making legal assistance a practical necessity if you’re considering filing for one. 

At McMichen, Cinami & Demps, our experienced Orlando divorce attorneys can guide you through the process and represent your best interests in court. Reach out today at 407-898-2161 for a free consultation to discuss your options and learn how interim orders may apply to your situation.