Temporary Orders

General Information

A temporary order is available while a more extensive legal action is taking place to fill an immediate need. For example, while spouses are involved in a contested divorce, one may request temporary maintenance from the other before a final decision on maintenance and property division is made by the court to establish monetary issues post-divorce. The types of temporary orders available are:

  1. Temporary Maintenance (alimony)
  2. Temporary Child Support
  3. Temporary Child Custody
  4. Temporary Child Visitation (and/or timesharing)
  5. Temporary Injunction or Restraining Order

Purpose/Necessity

Temporary orders for maintenance are intended to preserve the status quo between the parties (or support the lower income spouse) while the more extensive proceeding is pending. See Horvath v. Horvath, 250 S.W.3d 316 (Ky. 2008).

Temporary orders for maintenance and child custody allow the parties and children to maintain close to the standard of living established while the marriage was fully intact.

Temporary custody orders determine who will make the decisions concerning the child’s upbringing while the action is taking place.

A temporary visitation order sets a specific child visitation schedule.

A temporary injunction or restraining order offers alternative forms of relief. For example, it may be requested to prevent one party from entering the marital residence, or it may prevent one party from recklessly spending money in a shared bank account that will later be divided through the divorce.

Frequently Asked Questions