Alimony Pendente Lite Florida: What Is It?
Alimony Pendente Lite sounds like an auto insurance company, or a caricature from some foreign language film up for an Oscar Award. No folks, alimony pendente lite Florida is a form of alimony that is short term, and awarded while the marital dissolution case is pending (hence pendente). Florida divorce courts do not automatically award this type of alimony, rather, your lawyer must specifically petition the court for it to be included in your case. It is rather obvious to lawyers, but generally not to laypersons, that if you want something, in most cases, you must make a request of the court. Jonathan Jacobs is an alimony attorney in Clermont, Minneola, Orlando, Leesburg, Tavares, Osceola, and the surrounding areas of Central Florida.
Alimony pendente lite Florida is otherwise known (this sounds like a pejorative term but it really isn’t) as “suit money.” Essentially, the party that has demonstrated a need for alimony from the party with a demonstrable ability to pay for alimony may be entitled to this short-term suit money. Vickers v. Vickers, 413 So.2d 788 (1982). Moreover, it is a central tenet of dissolution of marriage law that both spouses (husband and wife) have an equal right to petition for alimony, petition for child support, and have (unless competent and substantial evidence indicate(s) otherwise), an equal right to custody of children. Yohem v. Yohem, 295 So.2d 656 (1974).
The concept behind alimony pendente lite Florida, is that marital dissolution lawsuits may take a number of months (or even years at the extreme) to be resolved. In the meantime, the payee (recipient) may not have any money to support their children, pay for their basic expenses such as rent or groceries, or even to pay their attorney to represent them in the divorce proceeding. Therefore, being mindful of this, and understanding that alimony may be awarded at the outcome stage of the case, Florida courts often award alimony pendente lite to benefit the party in need. Alimony pendente lite in Florida may be awarded based on motion, the petition, or the counterpetition upon request. The foregoing is based on the Florida Alimony Pendente Lite Statute and is explained by your alimony attorney in Clermont and Orlando.
Florida Alimony Pendente Lite Statute: Alimony Attorney in Clermont
The Florida Alimony Pendente Lite Statute is 61.071. Florida Statute 61.071 is one of the many Florida Statutes governing alimony. Case law regarding the Florida Alimony Pendente Lite Statute is mostly older and foundational (as indicated above). The original case law on alimony pendente lite provides that the court awards this so-called suit money to prevent one party from being a burden to the coffers (pocket-book) of the state/government.
If you are considering getting a divorce in Florida, or if you have been served with a petition for dissolution, please call Jonathan Jacobs, your Alimony Attorney in Clermont Florida, Orlando Florida, and in all of Central Florida.
Other forms of alimony include:
Keep in mind that alimony is merely one of many issues that may need to be litigated in the Florida family courts. Other vital issues may include child support, health insurance for the kids, domestic violence, and the equitable distribution of assets. Call us today to learn more.