Alimony Modifications

Modifying Alimony/ Spousal Support in Florida

Alimony, or spousal support, is paid by one spouse to another following divorce.

In the years following a divorce, both spouse's circumstances can change. A change in income, remarriage, retirement, or change in financial need can necessitate a modification of temporary or permanent alimony. At the Law Offices of Mark Abzug, PA, we assist clients who wish to modify their alimony obligation so it accurately represents their current income.

To schedule free consultation in our Coral Springs law office, please fill out the online contact form or call an attorney at (954) 753-1003.

How is Alimony Calculated?

Alimony isn't based on a mathematical formula. It is calculated on a case-by-case basis. The courts look at many factors, including:

  • Each spouse's income
  • Earning potential
  • Financial needs
  • Health of each spouse
  • Age of each spouse

Just as alimony is initially calculated, the courts consider these same factors in determining modifications. If the paying spouse has a reduction of income, the court may reduce the alimony obligation, depending on the circumstances involved with the reduction of income. The paying spouse cannot quit a job and accept a lower paying job in order to reduce the alimony obligation. The reduction in income must be involuntary.

Living with Another Person

The court also has the power to reduce alimony if the receiving spouse is living with another person in a supportive relationship. The court will look at the nature of the relationship, how the two are living (if their relationship is like that of a married couple), and how they are managing their living expenses. For further information on the factors the court will consider, please review Florida Statute § 61.14.

Retirement and Alimony

When the spouse paying alimony chooses to retire, is he or she still expected to pay alimony? The answer is yes. Without a modification, the paying spouse is still required to provide financial support to the receiving spouse. However, this is a topic frequently addressed in a modification hearing and the court can choose to terminate or reduce alimony accordingly. It should be noted that the paying spouse cannot quit a job to the detriment of his or her ex-spouse. The court will consider what the normal retirement age is for that profession; For example, if a pilot is required to retire at age 62, but instead retires at age 50, the court may not reduce the alimony obligation.

Contact Us

For more information about divorce decree modifications, please contact our Broward County lawyers by calling (954) 753-1003. We offer free consultations.

The Law Offices of Mark Abzug, P.A. serves clients throughout Florida, including Coral Springs, Margate, Tamarac, Coconut Creek, Pompano Beach, Parkland, Boca Raton, Boynton Beach, Delray Beach, Palm Beach, Palm Springs, West Palm Beach, Fort Lauderdale, and Sunrise, and the counties of Palm Beach County and Broward County.