How to Modify Alimony in Florida
During a divorce in Florida, either party can seek alimony, also known as spousal support. Permanent alimony is no longer an option due to recent changes in the law. However, this type of support can still ensure that neither party is placed in financial hardship due to the ending of the marriage. Alimony orders are final and legally binding. Still, there are times when one party may petition the court to modify the original order. This is a complex process, so it is always advised that you work with an Orlando spousal support lawyer who can help you navigate it.
Circumstances for Modifying Alimony
While it is possible to modify an alimony order, you can only do so if you can show that there has been a significant change in circumstances. A significant change in circumstances can include the following:
- Job loss or substantial change in income: A sudden job loss or reduction in income can affect a person’s ability to make the payments in the original order.
- Severe illness or disability: A serious disability or illness can greatly impact earning capacity, which can make a modification of alimony appropriate.
- Remarriage: If a person receiving alimony decides to remarry or cohabitate with someone else, it can impact their financial situation and they may require less alimony.
- Retirement: Retirees are on fixed incomes. If a person paying alimony leaves the workforce, that is a significant change that allows them to request an alimony modification.
The above are just a few of the most common reasons to request a change in alimony. If you have experienced a substantial change that impacts your finances and ultimately, the support you pay or receive, you can request a modification.
Factors Considered When Modifying Alimony
Unlike child support, there is no exact formula the courts will follow when determining the duration or amount of alimony. Instead, family law judges will consider many different factors, including:
- Changes in financial circumstances: The court will carefully examine any changes in financial circumstances of both parties compared to their situations when the original order was issued.
- The recipient’s need: The court will also examine the financial need of the recipient and if there have been any changes in those needs.
- Ability to pay: The court will assess the financial capability of the payer and whether they can afford to continue making payments considering their changed circumstances.
- Compliance: The court will also examine whether both parties have complied with the current order. Compliance gives people a much better chance of obtaining a modification.
Our Spousal Support Lawyer in Orlando Can Help with Your Modification
Although it is possible to obtain an alimony modification, the process is very complex. You also have the burden of proof to show why a modification is necessary. At Anderson & Ferrin, P.A., our Orlando spousal support lawyer can advise on whether a modification is possible and help you prove your case so you obtain the best possible outcome. Call us today at 407-412-7041 or contact us online to schedule a consultation and to get the legal help you need.
Source:
leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.08.html
