How to Reduce Alimony Payments

Out of all the different terms involved in a Florida divorce, alimony is one of the most contentious. Also known as spousal support, alimony can feel very unfair to the people who are ordered to pay it. This is even more true when someone feels as though the recipient of alimony was responsible for the breakdown of the marriage. If you were ordered to pay spousal support during your divorce, you may wonder if there is any way to reduce the amount of your payments.

Under certain circumstances, it is possible to reduce the amount of your alimony payments. It is important to know your rights so you do not overpay, but it is also just as important that you continue making full payments until a court has ordered a modification.

Your Financial Situation Changes

 Under state law, it is possible to modify or terminate alimony if there is a substantial and permanent change in your financial situation. You can ask the court to reduce your alimony payments if your pay is reduced, you lose your job, or you have an unexpected financial hardship that is not within your control. To qualify for this type of modification, the change must be involuntary. You must also prove that you are unable to continue paying the original amount.

Your Former Spouse No Longer Requires Support 

If your former spouse experiences a financial windfall, such as a high-paying job or an inheritance, you can argue that they no longer require support. The court will consider a number of factors in this situation. They may consider the extent to which your former spouse’s financial situation has changed and whether the change is permanent or temporary.

Your Former Spouse Remarries or Cohabitates with Someone 

In Florida, spousal support is automatically terminated when the recipient remarries. You do not have to go to court and ask the judge to terminate the order. You can simply stop making payments. Spousal support may also be reduced or terminated if your former spouse enters a supportive relationship. Unlike remarriage, this is not automatic.

The court will take a number of factors into consideration when determining if a former spouse is in a supportive relationship. They will consider if the couple combines their finances, if they present themselves as a married couple even though they are not, and if they are cohabitating. If the couple lives together, it may reduce your former spouse’s financial need and therefore, reduce the need for spousal support.

Retirement 

If you retire, it may also be a reason to ask the court for a modification because this will impact your financial situation. The court will consider whether your decision to retire is reasonable and if you have any other financial resources.

Our Spousal Support Lawyer in Orlando Can Help Modify Alimony 

If you believe you qualify for a reduction or termination of alimony, our Orlando spousal support lawyer at Anderson & Ferrin, P.A. can help you through the process. Call us now 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