Florida has some of the most unique divorce and alimony laws in the country, after abolishing permanent alimony in 2023. This was replaced with durational spousal support that is granted after the judge reviews specific facts and figures. If you are already paying support for an ex-spouse, you will have questions about modification if your or your spouse’s circumstances change.
It may not be a great idea to try and work out a modification with an ex by yourself. The subject often leads to disputes and high tension. If you wish to modify a judge’s order in a divorce, contact a West Miami alimony modification lawyer today.
Types of Alimony
Florida currently recognizes four types of alimony:
- Bridge-the-gap support covers the receiving spouse’s immediate needs, such as housing, and is generally capped at two years.
- Temporary alimony is awarded when the judge wishes to ensure the separated spouses maintain a reasonable standard of living until the divorce is granted.
- Rehabilitative alimony allows a spouse who has been out of the workplace to receive training, or gain skills or an education in the time needed to become financially independent.
- Durational alimony provides support for a limited period that does not exceed the length of the marriage.
Even though a judge will carefully determine the type and amount of alimony during a divorce hearing, circumstances can change, and terms may need modification. A West Miami lawyer who understands the nuances of alimony modification can help someone navigate the legal landscape together for the most beneficial outcome.
Modifying Spousal Support in Florida
According to Florida Statutes § 61.14, alimony payments can be modified if financial and life circumstances change substantially from when the judge originally granted a specific amount.
One major reason for modification is a substantial shift in financial conditions, such as a payor’s job loss, or cut in salary. The party requesting the modification, in this case generally the payor, must prove the change is unexpected, involuntary, and negatively impacts the ability to continue paying the original amount of spousal support.
If the ex-spouse who receives alimony remarries, the payor can request alimony obligations be terminated under Florida law. If the ex-spouse enters a supportive relationship in which finances are shared while living together, the paying spouse can ask for a modification or termination.
Illness or Retirement
A request for modification works both ways. If one spouse becomes severely ill or disabled, they can request that alimony be decreased if they are the payor, or increased if they are the recipient. Upon the death of either spouse, alimony payments cease. If the deceased is the payor, the law has determined their estate will not continue with the new payments, though it must still address any previous payments that are still owed.
Retirement is also a reason to modify spousal support. As long as the payor is not making an early retirement to prevent paying alimony, the judge will consider the payor’s health, financial picture, and age to determine whether to modify or terminate alimony. A West Miami attorney is highly experienced at petitioning judges to reevaluate or modify spousal support.
Ask an Alimony Modification Lawyer in West Miami if Your Situation Qualifies
Although Florida no longer requires a divorcing spouse to pay alimony indefinitely, there are still times when it could be modified if circumstances demand it.
The courts use a mathematical system to calculate how much and how long you must pay spousal support based on the length of the marriage and other circumstances. Even years after a divorce, this amount can be modified. If you are paying alimony but your financial situation has changed dramatically, call a West Miami alimony modification lawyer to determine the best way forward. The Florida Probate & Family Law Firm is here to assist.
