Some Basics on Alimony Modification in Florida
Alimony, also called spousal support, is a vital aspect of divorce proceedings. Alimony provides financial assistance to spouses who may be at a financial disadvantage after the dissolution of a marriage. In Florida, there are three forms of alimony that can be paid after the dissolution of a marriage; bridge-the-gap, rehabilitative, and durational alimony. There is no such thing as permanent alimony in Florida. After alimony has been awarded, circumstances can change, making what was initially considered fair and reasonable, unfair and unreasonable. Fortunately, Florida law allows for the modification of alimony orders under certain conditions. In this article, we share some basics on alimony modification in Florida.
Grounds for Modifying Alimony in Florida
In Florida, alimony can be modified when there is an unforeseen, unintentional, and substantial change in circumstances of either party. Modification can either reduce, increase, or terminate alimony. The following are some examples of substantial changes in circumstances that may warrant the modification of an alimony order in Florida;
- Loss of employment
- Disability
- Retirement by the payor (voluntary or early retirement may not justify alimony modification)
- Long-term unemployment
- Large raise
- Gifts or inheritance
- The payee gets remarried
- The payee get into a supportive relationship akin to a marriage (cohabitation)
- Children move out of the house
The following are some situations and factors that don’t justify the modification of alimony;
- Getting deliberately fired
- Expenses of a second marriage
- Voluntarily quitting a job
- Short-term job loss
- Minor fluctuations in financial circumstances
- Alimony agreements waiving modification
The Process of Modifying Alimony in Florida
The process of modifying alimony is similar to an original divorce. It can be a complex and lengthy process. Therefore, it is best to retain an attorney to help you with the modification process. Typically, the alimony modification process begins with the petitioner (the person seeking to modify alimony) filing a petition for modification of alimony in the court that issued the original divorce order. Then, the petitioner serves the other party with a copy of the petition. After that, the parties may try to reach an agreement through negotiation or mediation. If an agreement cannot be reached, the parties may need to go to court, where the court will issue a ruling after considering all the evidence and arguments presented by both parties.
What if no Alimony Was Awarded in the Original Divorce Order?
If alimony was not awarded in the original divorce order, then alimony cannot be modified. An option people use to avoid being barred from modifying alimony is including “nominal alimony” in a divorce order. Nominal alimony is a space preserver to allow the receiving party to apply for a modification in the future. It is used when a party has no way to make alimony payments. The court may award $1 or less per month as a way to preserve the receiving party’s right to request for a higher amount at a later date. Awarding nominal alimony also reserves the court’s jurisdiction to revisit the alimony issue. When a no-alimony order is signed, the court does not have jurisdiction over the issue of alimony.
Contact Our Lakeland, FL, Post-Divorce Modification Attorney
Modifying alimony is not an easy thing. You should not try to navigate the process alone. Let our Lakeland post-divorce modification attorney at Darla K. Snead, P.L., help. Contact us today to schedule a consultation.
