Modifying Alimony
January 8, 2023AlimonyNo CommentsWhat You Need To Know About Modifying Alimony in Florida
You’ve made it to the right place! LaFrance Family Law has experienced attorneys that are ready to help make modifying alimony possible in the state of Florida. Making changes on your own is never easy. With our approach, family doesn’t let other families go through difficult times alone.
Let’s start with the basics.
Making Alimony Modifications Possible
Modifying alimony can happen when there is a substantial change in circumstances. Alimony modifications have a similar process to child support modifications and/or custody modifications – any changes must first be legally approved by the court.
In the state of Florida, any form of alimony that is payable over time is subject to possible modification. When determining whether to reduce alimony, the court looks closely at the original settlement to see if it was truly supportive of the needs of both parties.
If you went to court for a divorce but have had a change in life circumstances, then you also may be allowed to modify your alimony payments.
When You Can Modify Alimony
The following elements may be considered a case to modify alimony:
- Remarriage
- Recipient spouse in a supportive relationship, like co-inhabiting a home with a new boyfriend/ girlfriend
- Substantial and permanent change in the payor’s income
- Substantial and permanent change in the recipient spouse’s income
- Retirement (early or voluntary retirement may not justify reduction)
- An inheritance or significant gift
- Children moving out of the house
- Change in education pursuit by payor or recipient as an effort to improve economic position
When You Can’t Modify Alimony
Changes in circumstances must be unplanned or permanent. The following elements do not qualify for alimony modifications:
- Alimony wasn’t rewarded in the initial divorce case
- Active temporary and/or “Bridge-the-gap” alimony payments that have an end date.
- Non-“substantial” circumstances
- Quitting a job
- Purposely getting fired
Modifying alimony is never easy – let alone trying to navigate it alone. Let LaFrance Family Law help you! Contact us for a personal consultation and let’s get to work!
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