Alimony in Florida: can it be modified?

Alimony is a maintenance payment that one spouse has to give the other spouse during or after a divorce proceeding to ensure that similar standards of living to those during the marriage are still maintained afterward. There is no exact formula to calculate the type, amount, or length of the alimony, and instead, the judge will study each case differently, based on various elements of judgment. The elements and circumstances that the court considers in other to award alimony may change over time, which is why in this article we’ll answer a simple question; can alimony be modified?

In Florida, under Florida divorce and Florida Custody Laws, alimony can be modified if there has been a substantial, material, and unforeseeable change in the circumstances that were taken into consideration by the judge when the amount and type of the alimony were originally set. If modified, the alimony can either increase, decrease, or even be terminated. It is important to know that any petition to modify alimony must be made in the same court where the divorce was filed.

Can remarriage change alimony?

The entire policy behind alimony is to try and solve any financial disparity between the spouses, as Florida law takes into consideration one spouse’s ability and capacity to pay vs the other spouse’s need for that payment. However, if an ex- spouse remarries, or becomes involved in a financially supportive relationship, alimony may no longer be needed and therefore can be modified.

It is important to know that while remarriage can cause modifications in alimony, the voluntary contribution of a new companion will not substitute the legal obligation of a former spouse. That said, determining whether the new relationship can cause modifications on alimony will depend on the judgment of each Florida court, so there’s no way of knowing for sure beforehand.

Can a change of Income modify alimony?

Loss of income is one of the most common reasons to modify alimony. That being said, it has to be an involuntary loss, in which case the court will consider both spouses’ financial circumstances at the time when the alimony was declared compared to the ex-spouses’ financial circumstances when the petition for modification was filed. It is important to note that any voluntary loss of income, such as incurring debt, will not be a valid reason to modify Orlando Alimony Attorney.

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