In the state of Florida, any form of alimony that is payable over time is subject to possible modification. If you went to court for a divorce but have had a change in life circumstance, you may be allowed to modify your alimony payments.
The following elements may be considered a case to modify alimony:
- Recipient spouse in a supportive relationship, like co-inhabiting a home with new boyfriend/ girlfriend
- Substantial and permanent change in payor’s income
- Substantial and permanent change in recipient spouse’s income
- Retirement (early or voluntary retirement may not justify reduction)
- 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
According to Section 61.14 of Florida Statutes as reported in the Naples News, “Florida case law makes it clear that the statutory right to modify alimony is incorporated into every agreement or judgment providing for alimony, unless it is specifically waived. It provides than when the parties enter agreement for alimony or when a party is required to pay court determined alimony and the circumstances or the financial ability of either party changes, either party may apply to the court for an order of modification. A threshold for alimony modification is to establish a change in circumstances which was not anticipated at time of the agreement or judgment and the change is permanent, material and involuntary.”
In 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. Modifying alimony is complicated and will require the assistance of lawyer to help you navigate the considerations of the court.
Chris LaFrance Tampa Divorce Lawyer at LaFrance Law can give you a personal consultation on alimony modification.