When Can You Modify Alimony in Florida?

If you have gone through a divorce, alimony payments may be a normal part of your life. Alimony, also called spousal support, is court-ordered and is intended to provide financial support to a lesser-earning spouse. If you are paying alimony, it can sometimes impose a heavy burden on you. However, under the law in Florida, you may be able to modify your alimony payments. In some cases, you may even be able to terminate alimony. Below, our Orlando modifications lawyer explains when you may be able to change alimony.

Not All Alimony Payments are Modifiable 

While there are many instances when you can modify alimony, certain types of spousal support are not modifiable, meaning they cannot be changed. When alimony has been paid in a lump sum, it is not possible to modify it. Lump sum alimony decisions are final and cannot be amended at any time in the future.

It is also not possible to modify alimony payments if you or your spouse negotiated for non-modifiable alimony in your marital settlement agreement. The purpose of this is to provide stability for both parties and to ensure the recipient can receive a consistent level of support without worrying about unexpected modifications.

When is Alimony Modifiable in Florida? 

You can modify alimony if you can show that there has been a substantial change in circumstances. You must also show that the change is significant, material, permanent, and involuntary. Temporary or minor changes in circumstances are not sufficient enough to modify alimony. Some of the most common changes in circumstances are as follows:

• Job loss or a significant reduction in income,
• Severe illness or disability,
• Retirement, and
• Substantial increase in the income of the recipient.

When the court is considering retirement as a factor in modifying alimony, the retirement must be reasonable. Family law judges will determine if retirement is reasonable on a case-by-case basis. Factors such as the health, age, and the practicality of retiring at a certain time when making these decisions.

Modifying Alimony Based on a Supportive Relationship 

Under state law, if a recipient of alimony enters into a supportive relationship, the person paying may be able to modify a lower alimony payment, or terminate alimony altogether. Family law judges will consider a number of factors when determining if a relationship is supportive. These factors include:

• The extent to which the recipient and their partner have indicated themselves as a married couple,
• The length of time the recipient and their partner have lived together in a permanent residence,
• The extent to which the recipient and their partner have combined their assets or income, and
• Whether the recipient and their partner have purchased real estate or personal property together.

The above are just a few factors the courts will take into consideration when determining whether to modify or terminate alimony based on a supportive relationship.

Call Our Modifications Lawyer in Orlando for Legal Help Today 

Modifying alimony is sometimes possible, but it is never easy. At Anderson & Ferrin, P.A., our Orlando modifications lawyer can advise on whether it is possible to modify in your case, and help you through the process so you obtain the best possible outcome. Call us now at 407-412-7041 or contact us online to schedule a consultation.

Source:

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