Under What Circumstances Can Alimony Be Modified in Florida?

If you have been ordered to pay alimony after divorce, it can pose a serious financial burden. Like all other terms within a divorce decree, alimony decisions are final and legally binding. Still, this does not mean that alimony cannot be modified. Modifying alimony is very difficult, though, and you will have to prove certain facts of your case. In order to modify alimony, you will have to show that there has been a substantial change in circumstances. Below, our Tampa modification attorney outlines common reasons that may constitute a modification.

Change in Finances After a Divorce

If either party experiences a substantial change in their financial situation, it may warrant an alimony modification. A substantial change in a financial situation can occur for many reasons including a significant reduction in income, job loss, and other unexpected financial hardships, such as a disability that incurs medical debt. The person supporting their former spouse can request a modification from the court in these situations. The recipient can also request a change if their financial situation changes and they require more support.

Remarriage after a Divorce 

When a person receiving alimony remarries, alimony is automatically terminated in Florida. This situation does not require the two parties to go to court. It is presumed that the recipient’s new spouse will help support them, and so, they do not require support from their former partner. Florida law also recognizes that alimony can be terminated if the receiver cohabitates with someone that is not related to them. In order for alimony to be modified in this instance, it must be shown that the cohabitating partner is also supporting the alimony recipient. If two people cohabitate, but their finances are kept completely separate, this is not reason to modify alimony.

Becoming Self-Sufficient After a Divorce

If the recipient spouse becomes self-sufficient and can support themselves financially, this can also provide a reason to modify or terminate alimony. Alimony is meant to support the recipient post-divorce and ensure they are not left at a financial disadvantage. If you can prove that your former spouse is now self-sufficient, the court may terminate or reduce alimony.

Obtaining a Court Order to Modify Alimony

For anyone who is considering modifying alimony, it is critical that you first obtain a court order. Again, court orders are final and legally binding and the court must grant any modification prior to modification of the payment. If you modify alimony on your own, such as if you simply stop paying it, the other side can take the matter to court and have the order enforced. Making any changes without court approval can result in being held in contempt of court, as well as fines and other consequences. Additionally, it may be more difficult to obtain a modification in the future if you make changes on your own.

Our Alimony Modification Attorney in Tampa Can Advise On Your Case 

Modifying alimony is sometimes possible, but that does not mean it is ever easy. At All Family Law Group, P.A., our Tampa modification attorney can help you through the process and prove your case so you obtain the most favorable outcome. Call us today at 813-672-1900 or contact us online to schedule a free consultation and to get more information.  Se habla Español.

Source:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.08.html