Florida Divorce Temporary Support and Exclusive Use of the Marital Home

What Temporary Support Covers

Temporary support (also called pendente lite support) is financial assistance ordered by the court while the divorce case is pending — from filing through the final judgment. It is separate from the post-judgment alimony that gets negotiated as part of the settlement. The purpose is to maintain the financial status quo so that neither spouse is forced into destitution (or forced to settle on unfavorable terms) simply because the case takes months to resolve.

Temporary support can cover living expenses, health insurance premiums, mortgage payments, car payments, attorney fees, and other costs that the requesting spouse cannot cover on their own income during the litigation period.

How to Request Temporary Support

Temporary support is not automatic. The requesting spouse must file a motion for temporary relief and typically set it for hearing. The motion must include:

• A sworn financial affidavit (Form 12.902(b) or (c)) showing the requesting spouse's income, expenses, assets, and liabilities
• A specific request for the amount and type of temporary support needed
• Evidence of the other spouse's ability to pay (income documentation, tax returns, pay stubs)

In urgent situations — where the requesting spouse has no access to funds, has been cut off from joint accounts, or faces imminent eviction — the court can hear the motion on an emergency or expedited basis. Some Florida circuits have standing administrative orders that automatically restrict both spouses from dissipating marital assets or canceling insurance upon filing, which provides baseline protection even before a temporary support hearing.

What Courts Consider

Temporary support decisions are simpler than final alimony determinations. The court does not conduct a full trial on the merits — it makes a provisional ruling based on the immediate financial circumstances:

• Need: Does the requesting spouse have sufficient income to cover reasonable living expenses during the litigation?
• Ability to pay: Does the other spouse have sufficient income after covering their own reasonable expenses to provide support?
• Marital standard of living: The court generally aims to approximate the standard of living both spouses enjoyed during the marriage, rather than reducing one spouse to subsistence while the other maintains the pre-separation lifestyle

The 35% net-income-gap cap described in SB 1416 applies to durational alimony, not temporary support. Temporary support is based on the requesting spouse's need and the other spouse's ability to pay while the case is pending.

Temporary support is modifiable during the case. If circumstances change — one spouse gets a raise, loses a job, or incurs unexpected medical expenses — either party can move to modify the temporary order.

Exclusive Use and Possession of the Marital Home

Separate from (but often combined with) temporary support, a spouse can request exclusive use and possession of the marital home while the case is pending. This means the other spouse must vacate the home, even if their name is on the deed and the mortgage.

Courts grant exclusive use when:

• Minor children are in the home and maintaining stability for them supports their best interests — this is the strongest ground for exclusive use
• Domestic violence has occurred or is threatened — if an injunction for protection is in place, it may already require one spouse to leave
• Cohabitation is creating intolerable conflict that is interfering with the litigation process or harming the children

Exclusive use is not a property determination — it does not affect who ultimately receives the home in the equitable distribution. It is a temporary measure to manage the practical realities of two spouses sharing a home during an adversarial legal proceeding.

Carrying costs (mortgage, insurance, taxes, maintenance) should be addressed in the order or agreement. The court can assign them to the spouse with exclusive possession or order the other spouse to contribute as part of the temporary support order.

Temporary Support vs. Final Alimony

Temporary support terminates automatically when the final judgment of dissolution is entered. It does not count toward the duration caps for post-judgment alimony (a 12-month period of temporary support does not reduce the durational alimony cap). However, the amount and terms of temporary support often set expectations for settlement negotiations — both spouses get used to the temporary arrangement, and the final settlement frequently adjusts from that baseline rather than starting from zero.

The Florida Divorce Financial Split Guide includes a settlement timeline worksheet that maps out the temporary support period alongside the equitable distribution negotiation, helping you understand the full financial picture from filing through final judgment.

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